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(영문) 창원지방법원 진주지원 2018.12.07 2018가단3874
공유물분할 등
Text

1. The amount of each real estate listed in the separate sheet 1 remaining after deducting the expenses for the auction from the proceeds thereof;

Reasons

1. In full view of the purport of Gap evidence No. 1-1, 2, and Gap evidence No. 2 and the whole arguments, the plaintiff and the defendant shared each share of co-ownership listed in the separate sheet No. 1 (hereinafter "each real estate of this case") as to each real estate listed in the separate sheet No. 2, and the plaintiff and the defendant did not reach an agreement as to the method of partition of each real estate of this case. Thus, the plaintiff may claim a partition of the above real estate against the defendant, who are co-owners of the above real estate.

2. The following circumstances, i.e., ① each of the instant real property is a house and its site, which is difficult to divide into money in kind, ② the Plaintiff wishes to reach an agreement on the auction, but it is difficult to find any other reasonable method of partition due to the Defendant’s failure to attend the date for pleading. As such, it is difficult or inappropriate to divide the instant real property in kind. As such, it is reasonable to sell each of the instant real property at auction as described in paragraph (1) of this Article, and distribute the price according to the respective shares of the Plaintiff and the Defendant, following the sale thereof at auction, as described in paragraph (1) of this Article.

3. In conclusion, each of the instant real estate is divided by the above methods, and it is so decided as per Disposition.

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