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(영문) 수원지방법원 2015.02.12 2014가단527549
공유물분할
Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the remaining amount after deducting the cost of auction from the proceeds of sale;

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet 1 (hereinafter “each real estate of this case”) is jointly owned by the Plaintiff and the Defendants in their share ratios listed in the separate sheet 2.

B. The Plaintiff and the Defendants did not agree on the division of co-owned properties relating to each of the instant real property.

[Reasons for Recognition]

(a) Defendant B, C, and E: Fact that there is no dispute, entries in Gap evidence 1 through 4, and the purport of the whole pleadings;

(b) Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination

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

B. The following circumstances revealed in full view of the evidence and the purport of the entire pleadings revealed prior to the method of partition of co-owned property, namely, ① among co-owners of each real estate of this case, the Plaintiff wants to divide each of the real estate of this case by auction, which was sold at auction and distributed in share ratio the remainder after deducting the auction expenses from the proceeds of sale; ② the remaining co-owners except Defendant D do not dispute the division by auction as alleged by the Plaintiff as the complaint of this case; ③ The shape of each real estate of this case is not easy to divide off; and ③ the real estate of this case is likely to reduce the value at the time of spot payment in light of the size of the land or the purpose of use as farmland, etc., it is deemed the most reasonable method to divide the price by auction.

3. According to the conclusion, each of the instant real estate is sold at auction and the remaining amount after deducting the auction cost from the sale price shall be distributed to the Plaintiff and the Defendants in proportion to their co-ownership shares listed in the separate sheet 2 as ordered.

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