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(영문) 대전지방법원서산지원 2020.11.24 2020가단52813
공유물분할
Text

1. The Plaintiff shall sell 2,19 square meters prior to the Seosan City to an auction and deduct the auction cost from the proceeds of the sale.

Reasons

1. The fact that the Plaintiff and the Defendants shared the instant real estate in their respective shares of shares of 1/5 is not a dispute between the parties to the judgment on the cause of the claim.

The defendants cannot accept the plaintiff's demand for the in-kind division of the real estate of this case, such as the statement in the purport of the claim, and the part of the (c) of the attached Form 2 was divided into the plaintiff's own ownership, and the plaintiff's proposal cannot be accepted again.

As such, dividing the instant real estate in kind is practically impossible due to the conflict between the Plaintiff and the Defendants’ interests. On the other hand, the Plaintiff and the Defendants stated that if the proposal for the division in kind as asserted by each party is not accepted, the division in kind is likely to change the next auction. Therefore, it is reasonable to divide the instant real estate into the auction division.

2. In conclusion, the real estate of this case is so decided as per Disposition because it is reasonable to distribute to the plaintiff and the defendants the remaining money after deducting the auction cost from the proceeds of the sale after being put up for an auction.

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