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(영문) 광주지방법원목포지원 2016.02.25 2015가단7594
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the price, which is sold by auction to the sale of 1,482 square meters prior to the previous, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/3 shares each of the real estate listed in the Disposition No. 1.

B. There was no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants, but no agreement was reached.

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

2. According to the above facts of determination as to the cause of the claim, the premise of the claim for partition of co-owned property as to the real estate as stated in Paragraph (1) of this Article is recognized to have been fully satisfied, and it is deemed that it is difficult or inappropriate to divide the real estate in kind in light of the nature, location, area, situation of use, and use value after the division, etc. of the co-owned property.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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