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(영문) 대구지방법원 2019.11.21 2019가단10221
공유물분할
Text

1. The real estate listed in the separate list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate list of real estate was jointly inherited by the Defendants and Nonparty D in their respective shares of 1/3. The Plaintiff purchased the shares of Nonparty D (1/3) on July 18, 2018 and jointly owned the shares of Nonparty D in their respective shares of 1/3 with the Defendants.

B. Each real estate listed in the attached list of real estate is a building which is a block structure structure and a multi-story roof, and is not used as its site, and is virtually neglected due to waste prices.

C. There was no personal relationship between the Plaintiff and the Defendants, and there was no agreement on the method of division.

【Reasons for Recognition】The descriptions and images of Evidence Nos. 1, 2, and 2-1, 2, 3, and 4, as well as the overall purport of the pleading

2. According to the allegations and the above facts of recognition, each real estate listed in the separate sheet is co-owned real estate of the plaintiff and the defendants, and the agreement on the method of division has not been reached. Thus, the plaintiff, one co-owner, can claim co-owned property partition.

In addition, since it is one building and its site of detached house, in-kind division is inappropriate in terms of the nature of real estate and it is appropriate to divide the price by auction.

3. According to the conclusion, the Plaintiff’s claim is accepted, and each real estate listed in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be distributed to the Plaintiff and the Defendants at the ratio of one-third.

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