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(영문) 부산지방법원서부지원 2017.06.30 2017가단101346
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the expenses for the auction from the proceeds of sale;

Reasons

1. The facts under the recognition may be found either in dispute between the parties or in accordance with the statements in Gap evidence 1-1 and 2.

The plaintiff and the defendant share each real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case"), and co-ownership is as specified in the shares of co-owners of the above list.

B. The Plaintiff and the Defendant did not agree on the method of dividing the instant real estate.

2. According to the above facts, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendant for the partition of the jointly owned property, and in light of all the circumstances, such as the location, area, and surrounding road condition, use value, co-owner’s share ratio, and use value after the partition, the instant real estate is difficult or inappropriate, and it is reasonable to divide the instant real estate by means of a method of price partition by auction, inasmuch as it is reasonable to divide the instant real estate by auction.

3. Therefore, it is decided as per Disposition that the remaining amount after deducting auction expenses from the sales price of each of the instant real estate sold at auction shall be distributed to the plaintiff and the defendant at the corresponding ratio as stated in the share of co-owners in the above list.

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