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(영문) 창원지방법원통영지원 2019.04.18 2018가단3235
공유물분할
Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of each real estate stated in the attached Form from the auction;

Reasons

Basic Facts

The facts that the original defendant shares each of the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") at the ratio of 2/16, 14/16 shares are either not disputed between the parties, or may be recognized by the purport of the entire pleadings and entries in the evidence Nos. 1, 2, 3, and 9, and all of the arguments.

Judgment

Although the partition of co-owned property based on a judgment is based on the method of in-kind division, there is no objection to the method of auction division (the third date for pleading), it is reasonable to divide the real estate of this case into the auction division method.

In conclusion, it is decided as per Disposition by deciding that the real estate of this case is sold at auction and the remaining amount after deducting the auction cost from the sale price shall be distributed to the original defendant in proportion to their shares.

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