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(영문) 서울중앙지방법원 2019.04.23 2018가단5095153
공유물분할
Text

1. The attached list of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 29m2 in Dongjak-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the share of shares of each co-owner listed in the separate sheet in the Dongjak-gu Seoul Metropolitan Government H large 29 square meters (hereinafter “instant land”).

B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, purport of whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, other co-owners.

B. The following circumstances revealed by comprehensively taking account of the purport of the entire arguments revealed prior to the method of partition of co-owned property, i.e., ① the location and size of the land in the event of dividing the land in kind into the land of this case by service by public notice; ② the seizure and provisional seizure registration has been completed with respect to the shares of Defendant B and D among the land of this case; ② the seizure and provisional seizure is completed with respect to the divided land, and the relationship of rights becomes complicated because the seizure and provisional seizure continues to exist as it is, in the case of dividing in kind in kind, the land of this case constitutes a case where it is difficult or inappropriate to divide in kind, and thus, it is fair and reasonable to sell the land of this case from the proceeds of sale to the Plaintiff and the Defendants, thereby deducting the auction costs from the proceeds of sale.

3. In conclusion, the partition of co-owned property as to the land of this case shall be determined as above, and it is so decided as per Disposition.

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