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(영문) 춘천지방법원 속초지원 2018.08.10 2018가단451
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

The Plaintiff and the Defendants shared the real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 1/4 shares, and the fact that the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate does not conflict between the parties, or that the entire purport of the pleadings is recognized in full view of the statement in the evidence No. 1.

According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

In relation to the method of partition, since the instant real estate is a building that is not suitable to divide the instant real estate in kind for its structural structure and use, it is reasonable to divide the instant real estate into the auction proceeds and the remainder after deducting the auction expenses from the proceeds therefrom, by means of distribution according to the respective shares of the source and the Defendants.

If so, it is so decided as per Disposition by deciding to divide the instant real estate as above.

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