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(영문) 울산지방법원 2017.05.11 2016가단63417
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants according to their co-ownership share ratio indicated in the separate sheet.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the partition of the co-owned property, the Plaintiff, as co-owners of the instant real property, may claim a partition of the instant real property against the Defendants pursuant to Articles 268 and 269 of the Civil Act.

B. Furthermore, in full view of the method of partition and the whole purport of the evidence and arguments as to the method of partition of the real estate of this case for which the plaintiff is entitled to the division as co-owners, the real estate of this case is in the same shape as “”. The above real estate of this case is adjacent to the road on the south side only. If the upper part becomes a franchisium, the value of the part to be owned by the co-owner who is to own the upper part would be significantly reduced compared to the value of the shares in the co-owner before the partition of co-owned property, and if the real estate is divided in kind, it would be remarkably reduced in economic value, so it is judged that it is the most fair and reasonable method to divide the real estate of this case according to the payment method.

3. In conclusion, the plaintiff and the defendants agree to distribute the remaining amount after deducting the auction cost from the proceeds of the sale by selling the real estate at auction, according to their co-ownership ratio. It is so decided as per Disposition.

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