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(영문) 광주지방법원 2019.08.21 2019가단963
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds of sale by selling 969m2 before Jinyang-gun, Jeonyang-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff shared 252/294, Defendant B, C, D, E, and F respectively, 3/294, Defendant G’s 3/294, Defendant H, and I shared shares of 2/294, respectively.

B. The Plaintiff and the Defendants did not agree on the method of dividing the above real estate until the closing date of the instant argument.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Since the Plaintiff and the Defendants shared the instant real estate, and the parties did not reach an agreement on the method of partition of the said real estate, the Plaintiff may file a claim for partition of co-owned property against the Defendants, other co-owners.

The division of the article jointly owned by a trial does not want the division of the article in kind in principle, but in light of the number of co-owners and their shares in the above real property in kind, it is difficult or inappropriate to divide the article in kind in this case. In light of the overall circumstances shown in this case, it seems fair and reasonable to sell the above real property at auction and distribute the sale price according to the co-ownership of the plaintiff and the defendants.

3. The conclusion is that the real estate of this case is sold to the original plaintiff at auction and the remaining amount after deducting the auction cost from the price is distributed to the original plaintiff at the rate of 2/294, 252/294, 7/294, 3/294, 3/294, H and I, 2/294, 3/294, and 2/294. It is so decided as per Disposition.

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