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(영문) 서울북부지방법원 2016.11.10 2016가단22612
공유물분할
Text

1. The amount remaining after deducting the auction expenses from the proceeds of the sale of the real estate listed in the annex 1 list;

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendants share each real estate listed in the separate sheet No. 1 in the same proportion as that stated in the separate sheet No. 2.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the above real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-7, the purport of the whole pleadings

2. Determination and conclusion

A. According to the above facts of recognition, the Plaintiffs, co-owners of each of the above real estate, may file a claim against the other co-owners for the partition pursuant to Article 269(1) of the Civil Act.

Furthermore, it seems reasonable to divide the property by the method of price division according to the ratio of shares of each co-owner in light of the health stand, the land category of each co-owner, the situation of the use of each co-owned property.

B. If so, the amount remaining after deducting the auction cost from the proceeds from the sale price of each real estate listed in the separate sheet No. 1 shall be distributed to the plaintiffs and the defendants in their respective shares as stated in the separate sheet No. 2. The litigation cost shall be borne by each party in consideration of all the circumstances,

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