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(영문) 춘천지방법원원주지원 2017.04.04 2016가단7103
공유물분할청구
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

Facts of recognition

A. As of the date of closing argument in this case, the real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendant, and the Plaintiff owns 1/8 shares, and the Defendant owns 7/8 shares.

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

C. The instant real estate is a building with the land area of not less than 50§³ and the second floor on that land.

[Ground of recognition] According to the above facts of recognition of confession (Article 150 of the Civil Procedure Act), the plaintiff, co-owner of the real estate of this case, can file a claim for the division of the real estate of this case with the defendant, who is another co-owner, and since it is difficult to divide the real estate of this case in kind, it is reasonable to divide

Therefore, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the price of the instant real estate sold by auction to the plaintiff and the defendant according to the share ownership ratio.

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