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(영문) 창원지방법원통영지원 2019.03.19 2018가단5095
공유물분할
Text

1. The real estate indicated in the “Indication of the real estate” shall be put to an auction and the auction cost shall be deducted from the price.

Reasons

1. The facts of recognition are shared by the Plaintiff and the Defendants in proportion to their shares indicated in the separate sheet “co-owner and share indication,” and the facts that the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate do not conflict between the parties, or can be acknowledged in accordance with the purport of the entire statement and pleading set forth in the separate sheet No. 1-1, 2, and 3.

2. According to the above facts of recognition, one of the co-owners of the instant real estate may claim a partition of the instant real estate against the Defendants based on his co-ownership share.

In addition, the following circumstances, which can be acknowledged by the evidence mentioned above, the plaintiff wants to divide the real estate of this case through auction, and the defendant C, F, and G also want to divide the real estate of this case by the same method, and the remaining defendants do not give any reply despite being served with the complaint of this case requesting a partition by auction, and in light of the size, location, and current use of the real estate of this case, it is likely that the division in kind will reduce the function and value of the land after the division. In light of the above circumstances, it is reasonable to sell the real estate of this case through auction and distribute the remaining amount after deducting the auction expenses to the plaintiff and the defendants in proportion to their co-ownership, since it constitutes a case where it is difficult or inappropriate to maintain the utility value of the real estate of this case by the in-kind or partial compensation in kind, and thus, it is reasonable to sell the real estate of this case through the auction and distribute the remaining amount after deducting the auction expenses.

3. As a result, the remaining amount after deducting the auction cost from the price that the instant real estate was sold to an auction shall be attached to the Plaintiff and the Defendants.

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