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(영문) 전주지방법원정읍지원 2015.08.11 2014가단6051
공유물분할
Text

1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

In full view of the purport of Gap evidence Nos. 1 and 2 and the purport of all pleadings, the plaintiff, defendant A, and Eul jointly own the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter "the land of this case") at the ratio of 1/6 shares, and the defendant C, and C, and C, and C, and C jointly own the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 (hereinafter "the building of this case") at the ratio of 1/3 shares, and the plaintiff and the defendants did not reach an agreement on the division of the land of this case and the building. According to the above facts, the plaintiff, co-owner of the land of this case and the building of this case, may file a claim for the division against the defendants who are other co-owners pursuant to Article 269

Furthermore, in light of all the circumstances, such as the health zone, the size of the land and building in this case, the number of co-owners, the use value after the division, and the location of the building in this case on the ground of the land in this case, the division by auction rather than the spot division is appropriate.

If so, it is so decided as per Disposition by allowing the original defendant to sell the land and buildings of this case at auction and to distribute the remaining amount after deducting the auction cost from the price to the original defendant at the ratio of shares listed in paragraphs 1 and 2 of the Disposition.

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