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(영문) 서울중앙지방법원 2015.09.16 2014가단240684 (1)
공유물분할
Text

1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence 1-1 through 3, the fact that the plaintiff owned the real estate listed in the separate sheet (hereinafter "the real estate of this case") 5/7 and 2/7, and that the agreement on the method of dividing the real estate of this case has not been reached can be acknowledged.

Meanwhile, as seen earlier by the evidence, the instant real estate is located on one parcel of land with two buildings, and in light of the situation of the use of the instant real estate on one parcel of land, the location, area, the use value of the instant real estate after subdivision, the relationship between co-owners, etc., the instant real estate is either impossible to divide it in kind or is likely to significantly reduce its value due to the division.

Therefore, it is reasonable to divide the pertinent real estate into an auction and then distribute the remaining amount after deducting the auction cost from the proceeds of the auction in accordance with the share ratio of co-owners. Therefore, it is so decided as per Disposition.

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