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(영문) 수원지방법원평택지원 2019.02.12 2018가단7554
공유물분할
Text

1. The real estate listed in the separate sheet 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the auction.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1, the real estate listed in the annexed Table No. 1 (hereinafter "the real estate of this case") is owned by the plaintiff and the defendant according to the ratio of co-ownership in the annexed Table No. 2, the fact that the plaintiff and the defendant did not reach an agreement on the division of the jointly owned property between the plaintiff and the defendant

Therefore, pursuant to Article 269 of the Civil Act, the Plaintiff may file a claim for partition of the jointly owned property with the Defendant, and since the instant real estate cannot be divided in kind as an apartment, it is reasonable to divide the remaining amount after deducting the auction cost from the proceeds from the sale by selling the instant real estate at auction, according to the ratio of co-ownership in

2. citing the Plaintiff’s claim.

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