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(영문) 서울동부지방법원 2018.06.07 2017가단21962
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. The Plaintiff and the Defendants, among each real estate listed in the separate sheet (hereinafter “instant real estate”), owned each corresponding share in the “share” column indicated in the separate sheet, and did not reach an agreement between the parties on the method of partition of the instant real estate.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of recognition, the Plaintiff may claim a partition of the instant real estate against the Defendants based on his co-ownership share.

Meanwhile, in light of the share, form, location, area, use status, and use value of the instant real estate, it is deemed that it is difficult or inappropriate to divide the instant real estate in kind, and thus, it is reasonable to sell the instant real estate at auction and distribute the remainder after deducting the auction cost from the proceeds thereof to the Plaintiff and the Defendants in their respective shares.

3. Conclusion, the instant real estate shall be divided through an auction, and it is so decided as per Disposition.

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