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(영문) 서울중앙지방법원 2016.04.20 2015가단84003
공유물분할
Text

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

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the real estate listed in the separate sheet No. 1 (hereinafter "the real estate of this case") is jointly owned by the plaintiff A 86/180, the plaintiff B 43/180, and the defendants' co-ownership share No. 2 as indicated in the separate sheet No. 1. The plaintiff A's succeeding intervenor acquired 43/180 shares of the defendant A's share in the real estate of this case from the plaintiff A on October 26, 2015 during the lawsuit of this case, and succeeded to the lawsuit of this case after the registration of ownership transfer was completed, and there was no agreement on the division method of the real estate of this case between the plaintiffs, the succeeding intervenors, and the defendants. In light of the situation of the use of the real estate of this case as well as the location, area, use value of the real estate of this case after division, co-owners' relation, etc., the real estate of this case is likely to be divided in kind or reduced substantially due to the division.

Therefore, it is reasonable to divide the pertinent real estate into an auction and then distribute the remaining amount after deducting the auction cost from the proceeds of the auction in accordance with the share ratio of co-owners. Therefore, it is so decided as per Disposition.

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