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(영문) 전주지방법원 2016.10.11 2016가단16339
공유물분할
Text

1. The defendant shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

Reasons

1. The facts of the reasons for the instant claim are acknowledged in full view of the overall purport of the pleadings in the entries in Gap evidence Nos. 1 and 6.

If so, the real estate listed in the separate sheet is divided into the sale of the real estate at auction and the remaining amount after deducting the auction cost from the sale price is divided into the sale of the real estate in the separate sheet to Defendant B, the 4/29, the 1/29, the 4/29, the 10/29 shares to Defendant D, and the 10/29 shares to the Plaintiff.

Defendant B, C, and D asserted that the above real estate should be divided in kind in the manner of payment in the manner of auction because all co-owners suffer damage if the above real estate is divided in kind. However, since the Defendants failed to present any proposal or reasonable grounds as to the specific method of payment in kind, and it is difficult or inappropriate to substantially divide the above real estate in kind due to the absence of attendance at the date of pleading, the above Defendants’ assertion is not accepted.

2. Conclusion, the Plaintiff’s claim against the Defendants is accepted in entirety.

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