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(영문) 대전지방법원천안지원 2020.08.19 2019가단120578
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds of the sale by selling the total area of 1,29m2 in Dong-gu, Nam-gu, Chungcheongnam-gu.

Reasons

In full view of the purport of the entire arguments in the statement Nos. 1 and 2, the Plaintiff and the Defendants may recognize the fact that the Plaintiff and the Defendants shared 1,299 square meters in proportion to 1/4 of each of the E-year, Nam-gu, Chungcheongnam-gu, Seoul, and there is no agreement among the co-owners to prohibit partition.

Therefore, pursuant to Article 268 and Article 269 of the Civil Code, the plaintiff, a co-owner, can claim the division of the above real estate.

As to the method of partition of co-owned property, the above real estate is narrow and long as part of a shot forest, only one end of the above real estate is exempted from the site, and both the plaintiff, defendant, and defendant C wish to divide the price according to the auction procedure (the present location is not confirmed), considering the location and size of the above real estate, utilization status, use value after division, the intention of the parties, etc., it is reasonable to divide the remaining amount after deducting the auction expenses from the proceeds thereof, which are referred to auction and distributed at each share ratio.

Therefore, it is decided as per Disposition as to the partition of co-owned property.

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