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(영문) 서울중앙지방법원 2017.09.14 2015가단5333472
공유물분할
Text

1. The amount remaining after deducting the auction expenses from the proceeds of the sale by selling the real estate listed in the attached list 2 for auction;

Reasons

1. The description of the grounds for the claim shall be as shown in attached Form 1;

2. In full view of the following facts: (a) Defendant B, D, E, and G did not dispute the Plaintiff’s assertion on the cause of the instant claim; (b) sold real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) at auction to divide the proceeds therefrom into the Defendants’ co-ownership shares; and (c) Defendant F’s present location could not be known; (d) the Plaintiff and the said Defendants could not negotiate with Defendant F on the division; and (e) it appears that it is difficult or inappropriate to divide the instant real estate in kind in light of the characteristics, location, size, use status, and use value after the division, etc. of the instant real estate indicated in the records, it is reasonable to divide the real estate into auction and then divide the remaining amount calculated by deducting the auction cost from the proceeds therefrom, according to the co-ownership ratio between the Plaintiff and the Defendants.

3. It is so decided as to the division of the real estate of this case as above. It is so decided as per Disposition.

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