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(영문) 창원지방법원 2021.02.04 2020가단1052
공유물분할
Text

The plaintiff's primary claim is dismissed.

2. Each real estate listed in the separate sheet shall be put up for auction and proceeds from the sale.

Reasons

The facts that the Plaintiff and the Defendant each share of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) are 1/2 shares, are not disputed between the parties, or may be recognized according to the entry of “A” (including the number). Whether there is no agreement between the Plaintiff and the Defendant on the division of each of the instant real estate from the time the instant lawsuit was filed to the date immediately before the closure of the pleadings, and whether there is no agreement between the Plaintiff and the Defendant on the division of each of the instant real estate at all, the fact that the Plaintiff stated to the effect that there is no further agreement with the Defendant on the division of the auction at the third time of the pleadings

The Plaintiff, a co-owner of each real estate of this case, may file a claim against the Defendant, a co-owner, for the partition of each real estate of this case, which is jointly owned by another co-owner. However, insofar as the Plaintiff and the Defendant agree with each other on auction division and the Plaintiff does not want to proceed with additional procedures for the partition in kind, it is inappropriate to divide each real estate of this case into

Therefore, the plaintiff's main claim to the effect that the goods are divided in kind is dismissed as it is without merit, and the conjunctive claim to the effect that the auction is divided is accepted as it is reasonable.

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