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(영문) 부산지방법원 2016.05.13 2015가단67211
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. As to each real estate listed in the separate list of facts, Defendant B, C, and D shared shares in 3/7, 2/7, 2/7, and 2/7, respectively. However, as to D’s 2/7 shares, the compulsory auction procedure was initiated, and the Plaintiff completed the registration of transfer of shares at a successful bid.

Attached Form

Each real estate entered in the list is a building site, its first floor and the third floor above the ground, and at the present, tenants are residing in the above building.

[Based on the recognition] B between the Plaintiff and the Defendant: The descriptions and images of the evidence No. 1-1 to No. 3, as a whole, and the purport of the entire pleadings between the Plaintiff and the Defendant C: Confession of confession

2. In light of the nature, size, use status, and use value of each real estate listed in the separate sheet as indicated in the above facts of recognition, each of the above real estate appears difficult or inappropriate to divide it in kind. Therefore, it seems reasonable to put the auction proceeds to auction at the Plaintiff’s request and divide it according to the respective shares of the Plaintiff and the Defendants.

3. The plaintiff's claim for conclusion is justified and accepted.

However, the costs of lawsuit shall be borne by each party in accordance with equity.

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