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(영문) 수원지방법원여주지원 2016.10.11 2014가단11385
공유물분할
Text

1. The real estate listed in the attached list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the statements in Evidence A Nos. 1 and 2, as to each of the real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”), the ownership share registration has been completed in the name of the Plaintiff, the Defendants other than the Defendant, and the network B, as described in the separate sheet of shares in the separate sheet of register; the Plaintiff and the Defendants have not concluded an agreement on the method of partition; the existence of no special agreement prohibiting partition exists with respect to each of the instant real estate; the fact that the deceased on February 26, 2014; the fact that the deceased on February 26, 2014; the existence of Defendant C, D, E, F, G, H, and A by the deceased’s heir

2. Determination

A. According to the above facts of recognition, the shares of the Plaintiff and the Defendants, co-owners of each real estate of this case, are as shown in the separate shares list, and the Plaintiff, as co-owners of each real estate of this case, may request the Defendants, who are other co-owners, to divide the shares.

B. In full view of the following circumstances, which are acknowledged as a whole based on the result of the fact-finding conducted on the Leecheon-si market by this court, the co-owners of each of the instant real estate reach 36 persons, and some Defendants are currently missing. Each of the instant real estate belongs to the planned control area, and the minimum partition area according to the urban planning ordinance of Leecheon-si is 60 square meters, and the share of some co-owners in the case of the instant real estate divided in kind in light of the respective share ratios between the Plaintiff and the Defendants in the separate sheet, it is reasonable to sell each of the instant real estate at auction and distribute the remaining amount after deducting the auction cost from the auction price to the Plaintiff and the Defendants according to each share ratio in the separate sheet.

If so, each of the instant real estates is divided as above, it is so decided as per Disposition.

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