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(영문) 광주지방법원목포지원 2020.06.10 2019가단55546
공유물분할
Text

1. The amount remaining after deducting the expenses for the auction from the proceeds of the sale after selling the real estate listed in the attached list;

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Plaintiff, Defendant B, C, and D, each of 5/25 shares, Defendant E, F, G, I, and J, each of 1/25 shares.

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

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination of each of the instant real estate is a building site and its ground and its appurtenant buildings, and it is inappropriate for co-owners to divide the instant real estate in kind in light of the location, area, use status, value of use after the division, use status, relationship among co-owners, and the attitude where co-owners show the division of the instant real estate. In addition, it is deemed inappropriate to divide the instant real estate in kind in consideration of the land corresponding to co-owners’ share and the size of the house

The Defendants do not raise any objection to the method of selling the instant real estate by selling it to an auction and dividing the proceeds therefrom, and considering the circumstances surrounding the Plaintiff’s filing of the instant lawsuit and all the circumstances revealed in the pleadings, it is reasonable to distribute the remaining amount after deducting the auction expenses from the proceeds so sold to the auction and deducting the auction expenses, to the respective shares of the Plaintiff and the Defendants.

3. Conclusion, the real estate of this case is sold to an auction, and the remaining amount after deducting the auction cost from the sale price is divided in proportion to each co-ownership share, and the lawsuit cost is assessed against each party. It is so decided as per Disposition.

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