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(영문) 부산지방법원 2019.11.19 2018가단315447
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

1. Indication of claims: It shall be as shown in attached Form; and

2. Claim against Defendant R, AM, and AR: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Claim against the Defendants other than the above Defendants and Defendant W: Judgment of deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

4. The facts in the separate sheet of claim against the defendant W do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleading to the statement in Gap 1 and 2.

In principle, partition of co-owned property based on a judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind in kind or the value thereof is likely to be substantially damaged due to such division, the price shall be divided through

(2) In light of the size of the real estate listed in the separate sheet and the number of co-owners, if the above real estate is divided in kind, it would be reasonable to divide the remaining amount after deducting the auction cost from the sale price by means of selling the real estate at auction and distributing it to the plaintiff and the defendants in proportion to their shares of co-ownership, and thus, it is reasonable to make a decision as above in light of the following: (a) one of the divided parts would inevitably be less than the minimum size of the building site in accordance with the relevant Acts and subordinate statutes, and it is obviously impossible to construct the building on the ground; and (b) the plaintiff wishes to divide the proceeds through auction and the defendants do not present any alternative for other divided methods.

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