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(영문) 대전지방법원 2018.09.05 2018가단6218
공유물분할
Text

1. The 280 square meters and the 71.9 square meters and the 71.9 square meters and the 71.9 square meters and the single-story housing of the land mentors and mentors under the 280 square meters above the ground.

Reasons

1. In addition to the contents of evidence Nos. 1 and 2, the Plaintiff and the Defendants shared the real estate recorded in the text (hereinafter “instant real estate”) in proportion to the entries in the order, and it is recognized that there was no partition agreement between the Plaintiff and the Defendants regarding the instant real estate.

Therefore, the Plaintiff may request the Defendants to divide the above real estate.

2. The Plaintiff seeks payment by dividing the real estate of this case into the method of dividing it.

In the case of dividing the jointly-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind or when it is impossible to divide it in kind or in the case of dividing it in kind, the value thereof is likely to decrease remarkably, the auction of the jointly-owned property may be ordered to pay it in installments.

3. According to the above legal principles, the real estate of this case is a building site and its ground house and warehouse, and the shares of the plaintiff and the defendants are as seen earlier. If the above real estate is divided in kind according to its shares ratio, it is highly likely that the above real estate will not be used for its original purpose, and its value will significantly decrease.

4. If so, in this case where the Defendants did not present any opinion on the method of division, the Defendants decided to divide the instant real estate into the method of payment by auction. It is so decided as per Disposition.

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