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(영문) 창원지방법원밀양지원 2016.11.09 2016가단11624
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

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff, Defendant A, B, C, and E own 1/7 shares, and Defendant D owns 2/7 shares, respectively.

B. Until the closing date of the instant argument, division consultation on the instant real estate was not reached between the Plaintiff and the Defendants.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, other co-owners, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

In light of the following circumstances, which are acknowledged by comprehensively taking account of the method of partition of co-owned property, namely, the real estate in this case appears not to be qualified in kind as a sectional building among aggregate buildings, and the Defendants did not present any opinion as to the method of partition of the real estate in this case, and the Plaintiff wishes to divide the real estate in this case by auction, it is reasonable to distribute the remaining money after deducting auction expenses from the proceeds thereof to the Plaintiff and the Defendants according to their share of shares.

3. The conclusion is that the real estate of this case is divided in accordance with Paragraph (1) of this Article and it is so decided as per Disposition.

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