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(영문) 청주지방법원충주지원 2016.01.20 2015가단2372
공유물분할
Text

1. The amount remaining after deducting the expenses for auction from the proceeds of the sale by selling the real estate listed in the separate sheet No. 1 for auction;

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) according to the shares listed in the separate sheet No. 2 attached hereto.

B. The Plaintiff and the Defendants did not reach an agreement on the division method of each of the instant real estate until the closing date of the argument.

[In the absence of dispute, the purport of Gap's evidence Nos. 1 and 2 and the purport of all pleadings] 2.

A. According to the above facts acknowledged as the co-owner of each real estate of this case, the Plaintiff, the co-owner of each real estate of this case, may file a partition claim against the Defendants, the other co-owners, pursuant to Article 269(1) of the Civil Act

B. As the method of partition of co-owned property was completed by the registration of attachment by the disposition on default on the portion of Defendant E, and the registration of establishment of a neighboring mortgage on the portion of the Plaintiff’s share was completed on the 2-4 real estate, in the case of the division in kind, the seizure established on each of the instant real estate and the registration of establishment of a neighboring mortgage on the portion of the Plaintiff, still remains in existence according to their share ratio after the division, and legal relationship becomes complicated. Defendant B, C, D, E, and F did not raise any objection to the Plaintiff’s assertion of auction division, and Defendant G consented to the auction division, it is reasonable to divide each of the instant real estate as ordered by the order.

3. It is so decided as per Disposition by accepting the plaintiff's claim for conclusion.

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