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(영문) 서울중앙지방법원 2018.04.03 2017가단5176772
공유물분할
Text

1. Attached real estate shall be put to an auction and the amount calculated by deducting the auction cost out of that price shall be deducted from the plaintiff and the defendant.

Reasons

The Plaintiff and the Defendant shared the real estate listed in the separate sheet (hereinafter “instant real estate”) in proportion to one-half shares, and the fact that there was no agreement between the Plaintiff and the Defendant regarding the method of dividing the instant real estate, which is jointly owned by the Defendant, does not conflict between the parties.

According to the above facts, the plaintiff as co-owner of the real estate of this case may claim the division thereof to the defendant who is another co-owner.

In addition, considering the current status of the instant real estate, the parties’ intent, etc., it is reasonable to distribute the remaining amount after deducting the auction cost from the price by selling the instant real estate to the auction and then deducting the auction cost.

Therefore, it is so decided as per Disposition.

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