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(영문) 부산지방법원 2017.06.20 2015가단212561
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

Basic Facts

Attached Form

The Plaintiff and the Defendants shared each real estate indicated in the list (hereinafter referred to as “each real estate of this case”) according to their respective shares in co-ownership column in the separate sheet of co-ownership shares. The Plaintiff attempted to divide the real estate of this case against the Defendants, but did not reach an agreement between the parties, may be recognized by comprehensively considering the overall purport of the pleadings between the Plaintiff and the Defendant, T, C, AP, AR, AV, AW, AX, and AY, and the remaining Defendants are deemed to have led to the confession of the Defendants.

Judgment

According to the above facts, the Plaintiff, a co-owner of each real estate of this case, may file a claim for the partition with the court pursuant to Article 269(1) of the Civil Act, and further, in light of all the circumstances such as the location, area, use situation, sharing status, and use value of each real estate of this case recognized by the purport of the whole statement and pleadings as evidence, evidence No. 2-1 and No. 2-2, each of the above real estate of this case, since each of the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind

In conclusion, the decision is delivered to the plaintiff and the defendants, who are co-owners according to their respective shares in the separate sheet of co-ownership in the separate sheet of co-ownership in which the remaining amount after deducting the auction cost from the proceeds of the sale of each of the real estate in this case.

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