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(영문) 서울중앙지방법원 2019.01.10 2017가단5106254
공유물분할
Text

1. Auction of each real estate listed in the list of real estate in annexed Form 1 and the remainder of auction proceeds excluding auction expenses;

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet No. 1 (hereinafter “each land of this case”) at the share ratio listed in the separate sheet No. 2 of co-ownership.

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant land.

【Identification Evidence】 Defendant H, V,O, R, S, T, or U: Service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the plaintiff can file a claim against the defendants for partition of co-owned land of this case, which is jointly owned pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. As seen earlier, in full view of the fact that there was no agreement on the method of subdivision between the Plaintiff and the Defendants, many co-ownership holders are 22 persons, the use and purpose of each land of this case, the parties’ intent, etc., each land of this case can not be divided in kind or there is a concern that the value of each land of this case may be significantly decreased due to the in-kind division. Therefore, the method of

3. In conclusion, the court decides to sell the land of this case at auction and distribute the remaining amount after deducting the auction cost from the price to the plaintiff and the defendants as co-ownership share ratio as set forth in the Disposition above.

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