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(영문) 서울동부지방법원 2019.09.05 2018가단116065
공유물분할
Text

1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the attached list;

Reasons

1. In full view of the entries in the evidence No. 4 and the purport of the entire pleadings, the Plaintiff, Defendant B, and Defendant C shared the real estate listed in the separate sheet (hereinafter “instant real estate”) at each share ratio of 103,389,424/1,000, respectively, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). It is recognized that the co-owned property partition agreement was not reached between the aforementioned parties on the instant land.

Therefore, the Plaintiff, a co-owner of the instant real estate, can seek a partition of co-owned property against the remaining co-owners pursuant to Article 269(1) of the Civil

2. In view of the fact that the instant real estate in the method of partition of co-owned property is an apartment, it is difficult to divide the instant real estate in kind

As such, it is the most equitable and reasonable way to distribute the real estate of this case to co-owners according to the ratio of co-ownership shares, which is put up for an auction and deducts the auction cost from the sale price.

3. Therefore, it is decided as per Disposition by deciding to sell the instant real estate at auction and to divide the price.

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