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(영문) 서울중앙지방법원 2014.09.16 2014가단5078105
공유물분할
Text

1. Each real estate listed in the separate sheet shall be put to an auction and the proceeds therefrom shall be deducted from the auction cost;

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff as 1/5 shares, 3/5 shares, and 1/5 shares.

B. The instant real estate is a sole house and its site, and no agreement was reached between the Plaintiff and the Defendant regarding the method of partition until the date of closing the argument in the instant case.

【Reasons for Recognition】 Each entry of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the agreement on the method of dividing the real estate of this case was not reached, and since it is deemed impossible to divide the real estate of this case into nature and structure in kind, it is reasonable to divide the remaining amount after deducting the auction expense from the price by auction and distribution in the share ratio of each person.

Therefore, it is so decided as per Disposition.

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