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(영문) 대구지방법원 2018.06.01 2017가단128197
공유물분할
Text

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

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is jointly owned by the Plaintiff at each ratio of 502/100 shares, Plaintiff B, Defendant C, and Defendant D, respectively.

B. The Plaintiffs and the Defendants did not agree on the division of each of the instant real estate.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. In full view of the following circumstances revealed by the facts of the above recognition and the evidence as above, the co-owners of each real estate of this case, namely, the number of co-owners of each real estate of this case, in light of the form of each real estate of this case, it would not be easy to divide the pertinent real estate in kind, the co-owners would not have reached an agreement on the division of co-ownership, and other circumstances revealed in the pleading, it is reasonable to divide the amount remaining after deducting the auction cost from the proceeds of the sale, which are put up for auction, into the sale, to the Plaintiff A at the rate of 502/100, the remainder after deducting the auction cost from the proceeds of the sale, to the Plaintiff C, and the Defendant C, and D

I would like to say.

3. Therefore, the plaintiffs' claim of this case is justified.

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