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(영문) 의정부지방법원고양지원 2016.09.30 2016가단80034
공유물분할
Text

1. The remaining money after deducting the expenses for auction from the proceeds of each real estate listed in the separate sheet sold to an auction;

Reasons

1. Where there is no dispute between the parties to the claim for partition of co-owned property, or in full view of the purport of the entries and arguments in Gap evidence Nos. 1 and 2, the plaintiff and defendant shared each real estate listed in the separate sheet at the ratio of 1/2, respectively. The plaintiff and defendant endeavored to divide the above real estate in kind for several years, but did not reach an agreement by the date of closing argument of this case. Thus, the plaintiff may file a claim for partition of the above real estate with the defendant pursuant to

2. According to the evidence revealed prior to the method of partition of co-owned property, the fair partition cannot be made as to each real estate listed in the separate sheet, and therefore, the division of the co-owned property shall be ordered by the method of payment in installments.

3. It is so decided as per Disposition on the grounds of a conclusion or higher.

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