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(영문) 수원지방법원 2019.06.12 2018가단518505
공유물분할
Text

1. The sale price shall be 154 square meters in Gyeonggi-do for the auction and the remainder after deducting the auction cost from the sale price shall be attached.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the land of 154 square meters in the Seosung-gun of Gyeonggi-do (hereinafter “instant real estate”), and their share ratios are as stated in the attached Form “co-owners and co-ownership shares.”

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

[Grounds for recognition] Each entry in Gap evidence 1 and the purport of the whole argument

2. According to the above facts of recognition, the Plaintiff, as co-owners of the instant real estate, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act, and as co-owners did not reach an agreement on the method of partition by the date of closing argument of the instant case, the Plaintiff may file a claim for partition of co-owned property with the court pursuant to

In light of the current state, location, area, use status, number of co-owners, etc. of the real estate of this case known through the records and pleadings regarding the method of division, it is reasonable to distribute the remaining price to co-owners in proportion to their share of shares of co-owners except expenses to be sold to auction the real estate of this case.

3. In conclusion, the division of the instant real estate, which is jointly owned, is determined as above, and it is so decided as per Disposition.

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