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(영문) 제주지방법원 2020.08.24 2019가단5030
공유물분할
Text

1. The amount remaining after deducting the auction expenses from the proceeds sold by auction by selling 5216m2 in Jeju-si.

Reasons

1. In full view of the purport of the entire pleadings in Gap evidence No. 1 as to the plaintiff's claim against Eul, the plaintiff and the defendants share 5216 square meters of U.S. 5216 square meters (hereinafter "the real estate of this case") in their respective corresponding equity ratios as shown in the separate sheet No. 1. In the case of dividing the real estate of this case into investment in kind according to their respective corresponding equity ratios of the plaintiff and the defendants, some defendants can recognize the fact that some defendants have a very small size and have no economic value, and in addition, it is reasonable to divide the real estate of this case into the auction division method of auction division, considering all circumstances such as that other defendants except the defendant K do not raise any objection to the plaintiff's claim for auction division.

2. Determination as to claims against the remaining Defendants

A. The description of the claim is as indicated in the “the cause of the claim and the changed cause of the claim.”

B. Ground for recognition (1) Defendant

7. The defendant I and 10. L by public notice (Article 208(3)3 of the Civil Procedure Act) (2)

4. Judgment made with respect to F by confession (Article 208 (3) 1, Article 257 (2), the main sentence of Article 257 (1)) (3) as to Defendant 1, 2, 3, 5, 6, 8, 11 through 18 of the Civil Procedure Act).

3. In conclusion, the real estate of this case shall be sold at auction after deducting auction costs from the proceeds of the sale from the proceeds of the sale at auction according to the pertinent shares of co-owner and co-ownership listed in the separate sheet No. 1, which is co-owner of each real estate, and the costs of the lawsuit shall be borne individually according to the principle of equity

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