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(영문) 대전지방법원홍성지원 2019.11.13 2019가단32866
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants own each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the Disposition No. 1.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

【Ground of recognition】 Each entry of No. 1-3, and the purport of the whole pleadings

2. Determination

(a) Co-owned property partition by judgment shall be made in kind, in principle, as far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such division, by auction;

B. In light of the following facts and circumstances revealed by comprehensively taking account of the overall purport of each of the above evidence, namely, the stables and warehouses owned by the Plaintiff on the land listed in the attached Table 1, and the Plaintiff’s unauthorized housing on the land listed in the attached Table 2, when it is difficult to divide the instant real estate in kind or the value of the instant real estate might be significantly reduced due to the division, is likely to be difficult.

3. Conclusion, the Plaintiff and the Defendants agree to distribute the remaining amount after deducting the auction cost from the proceeds of the sale, which was put up for an auction, to each share of shares in the text.

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