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(영문) 서울중앙지방법원 2016.10.27 2015가단169669
공유물분할
Text

1. Attached 1. The land listed in paragraph 1 of the Inventory of Real Estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. Basic facts

A. Attached 1. The land and housing indicated in the list of real estate was owned by G. As to the above land due to donation, inheritance, division of inherited property, sale, etc., Plaintiff 1218.27/1382.4; Defendants 32.826/1382.4; and each share transfer registration was completed according to the share ratio of 1/6 of the Plaintiff and Defendants respectively.

B. The above land and the above housing are located in the third general residential area, and the above housing is the old building approved as of November 15, 1976.

[Ground of recognition] There is no dispute, each entry in Gap evidence 1 to 4 (including the paper number) and the purport of the whole pleading

2. We examine the appropriate division method of the above land and housing. Considering the share ratio of the Plaintiff and the Defendants with respect to the above land and housing, the current status of the above land and housing, the intent of the parties to the division method, and all other circumstances revealed in the argument of this case, it is difficult to ensure the appropriate use and distribution of the above land and housing by means of spot payment or compensation for value.

3. In conclusion, we decide to sell the money remaining after deducting the auction cost from the price of the above land and housing to auction at auction, according to the share ratio of the plaintiff and the defendants. It is so decided as per Disposition.

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