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(영문) 대전지방법원서산지원 2020.07.28 2020가단50312
공유물분할
Text

1. Each real estate indicated in [Attachment List No. 1] shall be put up for auction and proceeds from the sale thereof.

Reasons

1. In full view of the purport of each statement in Gap evidence No. 1 and No. 5 as to the cause of the claim, each real estate indicated in the separate sheet No. 1 in accordance with the co-owner and share indication stated in the separate sheet No. 2 of the same list. Among the real estate indicated in the "co-owner and share indication" stated in the separate sheet No. 1 of the same list, the area of the land is less than 430 square meters and thus, if the plaintiff and the defendants divide in kind according to their respective co-ownership ratio, it seems that the economic value will be reduced significantly. The remaining farming house in the above table No. 1 of the above table No. 1 of the land is also subject to division. The house is not appropriate due to its nature, and the defendants are also not raising any objection to the plaintiff's request for the auction division, each real estate indicated in the "real estate indication" stated in the separate list No. 1 of the same list should be divided by auction division.

2. In conclusion, each real estate indicated in the separate sheet No. 1 of the separate sheet is to be distributed to the Plaintiff and the Defendants according to their respective co-ownership share ratio indicated in the "co-owner and share indication" of the separate sheet No. 2 of the same list, which refers to the auction and deducts the auction cost from the proceeds of the sale. It is so decided as per Disposition with the principle of equity.

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