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(영문) 창원지방법원통영지원 2019.05.14 2019가단20237
공유물분할
Text

1. The remainder of the proceeds from the sale, which is referred to an auction of 1,386 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the auction cost is deducted.

Reasons

1. The facts of recognition are shared by the Plaintiff and the Defendants in share of 1,386 square meters in 1/3 shares each of the instant real estate in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant real estate”). The facts that the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate do not conflict between the parties, or that the agreement on the division of the instant real estate does not exist between the parties, according to the purport of each of the entries and arguments

2. According to the above facts of recognition, one of the co-owners of the instant real estate may claim a partition of the instant real estate against the Defendants based on his co-ownership share.

In addition, the following circumstances, which can be acknowledged by the evidence mentioned above, the plaintiff want to divide the real estate of this case through auction, and the defendant B expressed its intent to purchase the plaintiff's share among the real estate of this case, but it is not possible to purchase the amount equivalent to the market price appraisal in relation to the purchase amount. In light of the size, location, and current use of the real estate of this case, it is likely that the land's function and value will be reduced after the division in kind after the division. In light of the above circumstances, it is deemed reasonable to sell the real estate of this case through auction and distribute the remaining amount after deducting the auction cost to the plaintiff and the defendants according to the share ratio, since it constitutes a case where it is difficult or inappropriate to maintain the utility value of the real estate of this case by the method of spot-to-spot or partial payment compensation, and it is deemed reasonable to sell the real estate of this case through the auction and distribute the remaining

3. In conclusion, we decide to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the proceeds that the real estate of this case was put to an auction to the auction, as set forth in the Disposition above.

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