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(영문) 창원지방법원진주지원 2020.11.27 2020가단1840
공유물분할
Text

1. Attached list;

1. The amount of the stated real estate sold at auction after deducting the expenses for the auction from the proceeds of sale shall be attached;

Reasons

1. A list in the annexed sheet, comprehensively taking account of the whole purport of pleadings in each statement in subparagraphs 1 through 3 as to the claim for partition of co-owned property

1. The Plaintiff and the Defendants’ Schedule of the indicated real estate (hereinafter “instant real estate”)

2. The Plaintiff and the Defendants owned co-owned shares in proportion to the co-owned shares, there is no co-owned property partition prohibition agreement between the Plaintiff and the Defendants, and it can be recognized that the agreement on the method of partition

Therefore, the Plaintiff may file a claim with the court for the division of the instant real estate jointly owned by the Defendants.

(Article 268(1) and Article 269(1) of the Civil Act of 2.2. In light of various elements such as the location, area, shape, etc. of the land of this case and the purport of the whole pleadings, it is reasonable to divide the real estate of this case into an auction and a method of distributing the price thereof.

3. In conclusion, the Plaintiff and the Defendants decide to divide the remainder after deducting the costs of the instant real estate from the costs to be sold at auction according to their respective co-ownership shares, as set forth in the Disposition.

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