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(영문) 인천지방법원 부천지원 2017.04.27 2017가단101340
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the annex 1 to an auction and deduct the auction cost from the price.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3, real estate listed in the annexed sheet No. 1 (hereinafter "the land of this case") is the common property owned by the plaintiff 31/231 shares, the defendant is the common property owned by the defendant 20/231 shares, and the fact that no agreement has been reached between the plaintiff and the defendant on the division of the land of this case.

In addition to the above facts, if the area of the land in this case is small so that the value might be reduced remarkably, it is reasonable to divide the land in this case to the plaintiff according to the share ratio of the remaining amount after deducting the auction expense from the proceeds sold by auction and the auction expense.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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