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(영문) 수원지방법원 평택지원 2018.06.14 2018가단1143
공유물분할
Text

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

Reasons

Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1, the plaintiff and the defendant shared each real estate listed in the separate sheet (hereinafter referred to as "each land of this case") with one-half shares, and it is recognized that there was no agreement between the plaintiff and the defendant on partition of co-owned property. Thus, the plaintiff may seek a partition of each land of this case against the defendant.

Furthermore, in light of the fact that the Plaintiff is seeking to divide the price by the lawsuit in this case, and the Defendant appeared on the date for pleading and raised no particular objection to the payment, it seems inappropriate to divide the land in kind into the land in this case, and to divide the price into the land in this case.

Therefore, each of the instant lands is divided into auction and the remainder after deducting the auction cost from the price is divided into shares of the Plaintiff and the Defendant.

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