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(영문) 부산지방법원 2017.04.26 2016가단29278
공유물분할 및 임료
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

According to the statement in Gap evidence No. 1 to Eul evidence No. 3 among the plaintiff, defendant D and Eul, the plaintiff and the other defendants have completed the registration of ownership transfer between the plaintiff and the defendants as to each real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") according to the share ratio in the separate sheet of co-ownership.

It is recognized that the real estate of this case is a building site and its ground-to-story house, and it is impossible to divide it in kind in kind, or the value thereof may be reduced remarkably due to division.

Therefore, the remaining amount after deducting the auction cost from the real estate sold by auction shall be distributed to the plaintiff and the defendants in proportion to co-ownership.

The plaintiff's claim is justified and accepted.

However, the costs of lawsuit shall be borne by each person.

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