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(영문) 광주지방법원순천지원 2019.08.13 2018가단9160
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. The Plaintiff and the Defendant did not reach an agreement on the method of partition of each real estate listed in the separate sheet (hereinafter “instant real estate”) between the Plaintiff and the Defendant, and there is no partition prohibition agreement regarding the instant real estate.

Since the instant real estate falls under a case where it is difficult or inappropriate to divide it in kind, it is fair and reasonable to sell the instant real estate at auction and distribute it to the Plaintiff and the Defendant according to their share ratio.

2. Articles 208 (3) 3 and 194 through 196 of the Civil Procedure Act of the applicable provisions of Acts (a judgment where the defendant is notified of the date by public notice and fails to appear on the date for pleading);

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