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(영문) 서울동부지방법원 2020.04.28 2019가단143477
공유물분할
Text

1. The real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. The Plaintiff, the Defendant (appointed parties; hereinafter the Defendant) B, and the Defendant C completed the registration of ownership transfer with respect to the real estate indicated on the basis of the facts attached thereto (hereinafter the “instant real estate”).

Defendant B 4,200 G 4,200 70/700 of the shares in the name of the account holder, each entry in the document No. 1 to 343/200 of the document No. 1 to 757/4,200 of the 700/70 of the 200 H 4,200/200 of the 200 H 4,200/20 of the 200 H 4,200 20/200 of the 200 Y 74,200/20 of the 200 Y 34,200

2. The assertion and judgment

A. According to the above facts, the plaintiff, a co-owner of the real estate of this case, may file a claim for the division of the real estate of this case with the other co-owners pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act. The plaintiff wants to pay the price by auction, the defendant C also consented to the division by auction, and the defendant B must do so by the method of spot-sale.

In full view of the shape of the instant real estate and the current status of its use, it shall be deemed that the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind. Therefore, it is reasonable to divide the remaining amount after deducting the auction cost from the proceeds of sale by means of auction and distribution to the Plaintiff and the Defendants according to their shares

3. In conclusion, the real estate of this case is to be divided by means of auction in installments, and it is so decided as per Disposition.

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