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(영문) 대전지방법원홍성지원 2020.05.27 2019가단2230
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

1. In full view of the purport of the entire pleadings, the real estate recorded in the separate sheet Nos. 1 and 2 is recognized as being owned by the plaintiff and the defendant in proportion to 1/2.

2. Considering the fact that the Plaintiff wishes to divide by auction, and that it is difficult for co-owners to fairly divide the land in kind without submitting a plan to divide the land in kind, it is the most equitable and reasonable way to sell the land by auction and distribute the remaining amount after deducting the auction cost from the price to co-owners according to the ratio of co-ownership shares, in view of the fact that it is difficult to maintain the utility value of the land in this case and to promote the fair division among co-owners.

3. According to the conclusion, the land of this case is put to an auction and the decision is delivered with the order to divide the price.

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