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(영문) 전주지방법원 2017.10.11 2016가단2736
공유물분할
Text

1. The sales price shall be the remainder after deducting the expenses for the auction from the sales price, by selling at an auction the area of three square meters in the first place in the Jeonju-gun.

Reasons

The land indicated in Paragraph (1) of this Article (hereinafter “instant land”) is currently owned by the Plaintiff and the Defendants according to the respective share ratio as indicated in Paragraph (1) of this Article. The Defendants did not comply with the Plaintiff’s request for partition. The instant land is not less than three square meters and thus it is impossible to divide it into kind, and there is no dispute between the parties, or it is recognized in full view of the purport of the entire pleadings in the written evidence No. 2, 3, and 4.

Therefore, the remaining amount of the land of this case, which was put up for auction and deducted the auction cost from the sale price, shall be distributed to the plaintiff and the defendants in proportion to their shares.

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