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(영문) 수원지방법원성남지원 2015.09.08 2015가단14197
공유물분할
Text

1. The real estate indicated in the annexed real estate shall be put to an auction and the auction expenses shall be deducted from the proceeds of sale;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet of real estate (hereinafter “each real estate of this case”) at the ratio of “each of the respective shares listed in the separate sheet of co-ownership.”

B. There was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings

2. Claim for partition of co-owned property and method of partition;

A. According to the above facts of recognition, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide each of the instant real estate.

B. The following circumstances revealed in full view of the evidence and the purport of the entire arguments revealed as above: (i) among co-owners of each real estate of this case, the Plaintiff wants to divide the real estate of this case into the auction and distribute the remaining amount after deducting the auction expenses from the proceeds of the auction; (ii) co-owners other than Defendant G do not dispute the division by the auction as alleged in the complaint of this case; and (iii) Defendant G merely asserts that the Plaintiff does not want the division of each real estate of this case; and (iv) there is no opinion on the method of division, it is reasonable to divide the common property by way of selling each real estate of this case to the auction and distributing the remaining amount after deducting the auction expenses from the proceeds of the auction in accordance with the respective shares of the Plaintiff and the Defendants.

3. In conclusion, the remaining amount after the sale of each of the instant real estate by auction shall be distributed according to the respective shares of the Plaintiff and the Defendants after deducting the auction cost from the proceeds.

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