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(영문) 서울남부지방법원 2018.06.05 2016가단5768
공유물분할
Text

1. The cost of auction shall be incurred from the sale of the land listed in the attached Form (1) and the buildings listed in the attached Form (2) to the auction.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1 and 3, the building sites and buildings listed in the annexed sheet No. 1 and the annexed sheet No. 2 (hereinafter collectively referred to as the “real estate of this case”) in the annexed sheet No. 2/5, Plaintiff B, Defendant C, and D jointly own the same at the ratio of 1/5 shares, and it can be acknowledged that there was no agreement on the division of the real estate of this case between the Plaintiffs and the Defendants. Thus, the Plaintiffs, co-owners of the instant real estate, as co-owners of the instant real estate, may file a claim for the division against the Defendants, who are other co-owners pursuant to

2. The method of partition of co-owned property is a building of one debt and its site, and it is difficult to divide the real estate as long as an agreement between the plaintiffs and the defendants is not reached, and considering the nature and use situation of the real estate of this case and the use value after division, it is reasonable to deem that the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind. Thus, after selling the building of this case at auction, the method of dividing the price according to the respective shares ratio between the plaintiffs

3. The conclusion is that the apartment of this case shall be put to an auction and the payment shall be ordered. It is so decided as per Disposition.

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