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(영문) 서울중앙지방법원 2015.11.26 2014가단89223
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling it to an auction to the Gyeonggi-gu E-gun.

Reasons

1. The facts of recognition are shared by Defendant C’s share in 2/7 shares, Defendant D’s share in 3/7 shares, and Defendant D’s share in 2/7 shares in 2/7 shares.

The deceased died on February 9, 2015 while the instant lawsuit was pending, and the Plaintiff (Counterclaim Defendant, the appointed party, the Plaintiff hereinafter referred to as the “Plaintiff”), the appointed party F, and G took over the instant lawsuit.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and the purport of the whole pleading

2. Determinations and counterclaims shall be made together.

According to the above facts of recognition, the plaintiffs, the designated parties, and the defendants can file a claim against each other to divide the real estate of this case as co-ownership right holders of the real estate of this case.

Until the closing date of the pleading of this case, the agreement on the method of dividing the real estate of this case has not been reached, and it is also difficult to divide the real estate of this case by the spot or the full or partial compensation for the value according to the ratio of shares due to the nature of the case. It is reasonable to divide the real estate of this case by the auction

3. Conclusion, the plaintiff and the defendants' claim for the division of co-ownership are justified, and it is so decided as per Disposition.

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