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(영문) 광주지방법원순천지원 2020.10.08 2019가단6687
부당이득금 및 공유물분할
Text

The amount of each real estate listed in the attached Table 1 shall be sold to an auction and the auction cost shall be deducted from the sale price.

Reasons

Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 6, the plaintiff and the defendants shared each real estate listed in the separate sheet No. 1 (hereinafter "each real estate of this case"). The real estate of this case is a building or land, the total area of which is less than 39.6m2 or 215m2, and co-owners are only 5-6m2 or more, and if it is divided in kind in kind, it may be very difficult to specify the boundary, and there is a high risk of significant decrease in value, and there is no further progress among the plaintiff and the defendants while receiving a complaint of this case seeking a partition of co-owned property, and there is no specific agreement among the plaintiff and the defendants, and the remaining defendants of this case other than

Therefore, under Articles 268(1) main text and 269(1) of the Civil Act, the Plaintiff, a co-owner of each real estate of this case, may file a claim for the partition of the jointly owned property against the Defendants, who are other co-owners. According to the above circumstances, it is deemed significantly difficult to fairly divide the real estate indicated in the separate sheet in kind by accurately reflecting the share ratio of the Plaintiff and the Defendants. Therefore, it is reasonable to divide each of the real estate of this case by means of

Therefore, each of the instant real estate shall be sold at auction and its price shall be divided according to the share ratio of the Plaintiff and the Defendants’ co-ownership. It is so decided as per Disposition.

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