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(영문) 광주지방법원목포지원 2019.09.25 2019가단52721
공유물분할
Text

1. The amount remaining after selling 11,240 square meters of the forest D, Jeonan-gun, Jeonan-gun, for an auction, from which the auction cost is deducted.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff and the defendants share 11,240 square meters of woodland D in the relevant share of co-ownership as indicated in the attached Table, and it is recognized that the plaintiff and the defendants did not reach an agreement on the method of dividing the real estate of this case between the plaintiff and the defendants.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition of co-owned property against the Defendants, other co-owners pursuant to Article 269(1) of the Civil Act, and the following circumstances recognized by the purport of entry and the entire pleadings as follows: (i) as to the Plaintiff’s assertion of auction division; (ii) as to the Plaintiff’s assertion of auction division; (iii) Defendant C consented; (iv) Defendant B is pending in a lawsuit by service by public notice; and (iv) the seizure of the Defendants’ share or the establishment registration of a neighboring mortgage is completed, the instant real estate constitutes a case where it

2. If so, the conclusion is to divide the amount remaining after deducting the auction cost from the price of the instant real estate sold by auction to the auction, according to the share ratio of the Plaintiff and the Defendants, as set forth in the Disposition.

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