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(영문) 춘천지방법원 2019.02.13 2018가단2960
공유물분할
Text

1. The real estate stated in the separate sheet shall be put to an auction and the proceeds shall be deducted from the auction costs and taxes and the public imposts;

Reasons

According to Gap evidence Nos. 1-1 through 6, the plaintiff and the defendants (hereinafter "the defendant") share each real estate listed in the separate sheet in the separate sheet in their shares ratio, and can be recognized that there was no agreement on the division method.

Therefore, the Plaintiff is a co-owner of each real estate listed in the separate sheet and can claim the division to the Defendants, who are other co-owners. Considering the current status of each real estate, it is reasonable to distribute the remaining amount after deducting the auction cost from the price.

As to this, the remaining Defendants except Defendant C did not have a pre-division agreement, and then disposed of by auction because they were the property created at the end of the high birth of the Plaintiff, which is unfair to dispose of. The Plaintiff’s assertion that the Plaintiff’s completion of the registration of ownership transfer under its own name as well as the unauthorized Housing, which had been residing together with the Defendants, was unjust as the Plaintiff did not know of the land owned by Kucheon-gun, Hongcheon-gun. However, it is difficult to divide the Plaintiff’s co-owners in light of the purport of the entire pleadings. The materials submitted by the Defendants are insufficient to recognize that the Plaintiff

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