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(영문) 대구지방법원안동지원 2015.02.16 2014가단5739
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale from the sale by selling it to an auction with the area of 915 square meters and 9.

Reasons

1. In full view of the purport of the entire pleadings in each statement in the evidence Nos. 1 and 2, the Plaintiff owned 3/9 shares, the Defendants jointly owned 2/9 shares, and the fact that the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

2. Determination:

A. According to the facts acknowledged above, the Plaintiff, a co-owner, may file a claim against the Defendants for partition of the instant land pursuant to Articles 268 and 269 of the Civil Act.

B. In full view of the following circumstances, among co-owners of the land of this case, the Plaintiff, Defendant C, and D want to divide the land through an auction to sell the land of this case and distribute the remaining amount after deducting the auction expense from the sale price, and ② Defendant B, the remaining co-owners, did not dispute the division by auction as asserted by the Plaintiff as the complaint of this case, it is deemed the most reasonable method to divide the land of this case by auction.

3. According to the conclusion, it is decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount after deducting the auction cost from the proceeds of the sale by selling the instant land at auction shall be distributed to the Plaintiff at the respective rates of 2/9.

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