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(영문) 창원지방법원밀양지원 2016.11.30 2016가단11006
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 and Defendant C own each of 3/12 shares, and Defendant A, D, and E own each of 2/12 shares.

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's 1 through 7, the purport of 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.

As to the method of partition of co-owned property, in other words, the real estate of this case is constructed on the site of two lots, and thus, it seems inappropriate to divide the real estate of this case in kind. The defendants did not present their opinion regarding the specific method of partition by asserting that the real estate of this case should be divided in kind. In light of the fact that the plaintiff wishes to divide the real estate of this case by auction, it is reasonable to sell the remaining money after deducting auction expenses from the proceeds of auction to auction and to distribute the money to the plaintiff and the defendants according to their share ratio.

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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