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(영문) 울산지방법원 2019.09.06 2018가단7367
공유물분할
Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price after selling at the auction of 29m2 road in Ulsan-gu, Ulsan-gu; and

Reasons

According to the statement in Gap evidence No. 1, the plaintiff and the defendants shared 29 square meters of H29 square meters of the Dong-gu, Ulsan-gu (hereinafter "the land in this case") at the ratio stated in Paragraph 1, and there is no evidence to acknowledge that there was an agreement between the plaintiff and the defendants on the prohibition of partition of the land in this case.

The plaintiff is seeking to divide the land of this case by auction, and the defendants do not appear on the date of pleading and present specific opinions as to the partition of co-owned property. Thus, it is reasonable to sell the land of this case by auction, and distribute the remaining amount after deducting auction expenses from the proceeds of sale to the plaintiff and the defendants in common.

The plaintiff's claim is accepted.

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