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(영문) 수원지방법원 평택지원 2018.11.13 2018가단60036
공유물분할
Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is 1514 square meters for the rice paddy-gun in Gyeonggi-do.

Reasons

1. In full view of the purport of the entire argument in Gap evidence No. 1, it is recognized that the plaintiff 1/2 and the defendants shared at the proportion of 1/4 each of the plaintiff's 1/2, and there is no evidence to prove that the above co-owners have an agreement on the prohibition of partition between the above co-owners.

2. The Plaintiff sought an auction or division of the instant land, and the Defendants did not appear on the date of pleading and did not present their opinions as to the partition of co-owned property. Therefore, it is deemed appropriate to sell the instant land by auction and distribute the remaining amount after deducting auction expenses from the proceeds of sale to the Plaintiff 1/2 and the Defendants at each one-fourth ratio.

3. The plaintiff's claim is accepted.

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