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(영문) 대구지방법원상주지원 2019.10.16 2019가단6378
공유물분할
Text

1. The plaintiff and the defendant who submitted real estate listed in the separate sheet to an auction and deducted the auction cost from the proceeds of the sale.

Reasons

1. In light of the purport of the entire argument in Gap evidence No. 1 as to the plaintiff's claim, the real estate listed in the separate sheet is owned by the plaintiff, defendant B, C, D, E, and F, and the defendant G own 17/105 shares, respectively, and 3/105 shares, respectively. As of the date of the closing of argument in this case, it can be acknowledged that the agreement on the method of dividing the jointly-owned property between the plaintiff and the defendants has not been concluded.

Therefore, the Plaintiff, a co-owner, can claim a partition of co-owned property against the Defendants.

Furthermore, since the real estate stated in the attached list is an apartment building, which is a partitioned building, and it is not appropriate to divide it in kind due to its nature, it is reasonable to place the real estate at auction and divide the sale price according

2. In conclusion, it is so decided as per Disposition as to the division of real estate listed in the separate sheet as above.

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