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(영문) 의정부지방법원 고양지원 2018.08.29 2017가단93198
공유물분할
Text

1. He shall sell a 502m2 m2 and G 3,966m2 in Gyeyang-gu, Gyeyang-gu and shall deduct the costs of auction from the proceeds of auction.

Reasons

According to the purport of Gap evidence Nos. 1, 2, and 1-A and the purport of the entire pleadings, the plaintiff, defendant B, C, D, G answer 3,96 square meters and the defendants share the same shares of each co-owner, and each share ratio is as shown in the separate sheet by the co-owner. Since there is no counter-proof, the plaintiff, co-owner of each of the above lands, who is the co-owner of each of the above lands, has the right to claim the division of each of the above lands against the defendants.

When comprehensively taking into account all the circumstances revealed in the pleadings, such as the structure, size, location, use status, and attitude of the parties, etc. of each of the above lands, which are acknowledged by the purport of Gap evidence 2-1 and 2-2 as well as the overall purport of pleadings, it is reasonable to divide each of the above lands into money in kind, since it is difficult to find a spot-off or other appropriate means of division that give economic satisfaction to all of the co-owners of the above lands corresponding to their share ratio, and since each of the above lands is difficult to divide into money in kind or is likely to be significantly reduced due to the spot-off division

The above land shall be sold at auction and the remaining money after deducting the auction expenses from the price shall be distributed in accordance with the ratio of the share list for each co-owner in attached Form. It shall be decided as per the disposition.

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