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(영문) 광주지방법원목포지원 2020.06.24 2019가단56273
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

1. The description of the claim is as shown in the annexed sheet of claim.

2. Article 208 (3) 3 of the Civil Procedure Act:

3. In principle, common property owned by the method of subdivision is divided in kind, but when the real property of this case is divided in kind after the defendant's right to claim ownership transfer is completed, all circumstances, such as the fact that the provisional registration continues to exist in the real property that is to be owned by the plaintiff after the division, and that mutual relation of rights is likely to become complicated (see Supreme Court Decision 92Da30603, Jan. 19, 1993), and that the plaintiff holding more than half of the shares in the auction is seeking a division by auction.

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