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(영문) 전주지방법원정읍지원 2015.09.15 2015가단449
공유물분할
Text

1. W. W. W. 1,528.8m2 shall be put to an auction and the remainder after deducting the costs of the auction from the proceeds thereof.

Reasons

In full view of the purport of Gap evidence No. 1 and the entire arguments, the plaintiff and the defendants jointly own the real estate as stated in the Disposition No. 1 (hereinafter "the real estate of this case") at the share of co-ownership in attached Form 3, and there is no agreement on division between the plaintiff and the defendants. According to the above facts, the plaintiff, a co-owner of the real estate of this case, may file a claim for the division against the defendants, who are other co-owners, pursuant to Article 269

Furthermore, in light of all the circumstances, such as the health unit, the area of the real estate in this case, and the use value after the division, it is deemed appropriate to divide the method by auction rather than by the in-kind division.

Therefore, it is decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price to the original defendant at the share ratio in attached Form 3's co-ownership.

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