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(영문) 청주지방법원 2018.08.09 2018가단190
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the separate sheet at auction and deduct the auction cost from that price.

Reasons

Attached Form

Facts in the cause of the claim shall not be disputed between the parties, or may be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1 through 4.

The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and agreed on the method of partition of the instant real estate between the parties, so the Plaintiff may file a co-ownership claim against the Defendants, who are other co-owners.

In principle, division of common property by judgment is divided in kind, but since each real property of this case is a partitioned building and the land which is the object of the site ownership, and it is difficult or inappropriate to divide in kind the value of the real property in kind so that it is difficult or inappropriate to reduce the value thereof, it seems fair and reasonable to sell the real property of this case by auctioning the real property of this case and distribute the proceeds thereof according to the shares of both the plaintiff and the defendants, considering the overall circumstances

Therefore, each of the real estate of this case shall be sold at the auction price and the remaining amount after deducting the auction cost from the price shall be distributed according to the share ratio of the plaintiff and the defendants as per Disposition.

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