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(영문) 전주지방법원정읍지원 2015.08.11 2015가단1299
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

In full view of the purport of Gap evidence No. 1 and all pleadings, it is acknowledged that the plaintiff and the defendant jointly own the real estate listed in the separate sheet (hereinafter "the real estate of this case") in proportion to the shares in co-ownership, and that there was no agreement on division between the plaintiff and the defendant. According to the above facts of recognition, the plaintiff, the co-owner of the real estate of this case, can file a claim for division against the defendant, the other co-owner, pursuant to Article 2

Furthermore, in light of all the circumstances, such as the health unit, the evidence, and the fact-finding results of this court's fact-finding with respect to the method of division, that is, the area of the real estate in this case, the use value after the division, and the real estate in this case is not allowed to be divided into less than 2,00m2 as farmland in which the agricultural infrastructure improvement project was implemented, it is deemed that the division by auction is appropriate rather than the

If so, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price to the original defendant at the share ratio in the attached Form.

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