(영문) 대구지방법원 2019.06.21 2018가단140996

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2019.06.21 2018가단140996

공유물분할

Text

1. The real estate listed in the separate sheet No. 1 shall be put to an auction and the proceeds from the auction shall be deducted;

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendants, the Defendant (Appointed Party), the designated parties (hereinafter the Defendants, the Defendant (Appointed Party), and the designated parties (hereinafter the “Defendants”) together share each real estate listed in the separate sheet No. 1 (hereinafter the “each real estate of this case”) at the ratio listed in the separate sheet No. 2.

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, a co-owner of each real estate of this case, may file a claim against the Defendants for the partition of the pertinent land based on his co-ownership.

B. In light of the aforementioned evidence and the purport of the entire pleadings, in full view of the situation and size of the use of each real estate of this case, the number of co-owners, etc., even if the real estate was divided in kind according to the co-ownership shares of the Plaintiff and the Defendants, it is anticipated that the value of the real estate would be reduced because it is difficult to use each divided portion of

In addition, among the co-owners of each real estate of this case, the Plaintiff is seeking to divide each of the real estate of this case into the auction and distribute the remaining amount after deducting the expenses for the auction from the proceeds of the auction to the ratio of shares. In light of all the circumstances revealed in the argument of this case, it is reasonable to divide the co-ownership of each of the real estate of this case into the auction in a way that the Plaintiff and the Defendants divide the remaining amount after deducting the expenses for the auction from the proceeds of the auction in proportion to their shares of shares of the Plaintiff and the Defendants.

3. Conclusion: The sales of each of the instant real property by auction shall be from the following proceeds:

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