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(영문) 광주지방법원순천지원 2016.08.09 2016가단3144
공유물분할 등
Text

1. In the case of a netcheon-si, E large 145 square meters and above ground wooden fixtures and 46.28 square meters of multi-story housing shall be placed at auction, and the price shall be the same as the price.

Reasons

1. Facts of recognition;

A. The land and the housing indicated in paragraph (1) of this case (hereinafter “each real estate of this case”) are jointly owned by the Plaintiff and the Defendants according to the shares indicated in paragraph (1) of this case.

B. Of the instant real estate, each of the instant real estate is abandoned for several years without being left alone and has not been managed.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-1 to 11, the purport of the whole pleadings and arguments

2. According to the above facts of recognition, it is extremely difficult or inappropriate to divide each of the instant real estate in kind according to the share ratio between the Plaintiff and the Defendants in light of the nature, location, area, use status, and use value after division of each of the instant real estate. Thus, it is inevitable to sell each of the instant real estate at auction and distribute the remaining amount after deducting the auction cost from the price.

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