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(영문) 광주지방법원목포지원 2016.11.10 2016가단5274
공유물분할
Text

1. The remainder of 1858 square meters, E, 942 square meters, which is referred to an auction and the auction cost is deducted from the price.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendants share the real estate stated in Paragraph (1) of this Article in the same share as that stated in Paragraph (1) of this Article.

B. There was no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants, but no agreement was reached.

[Grounds for recognition] The entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is recognized that the requisites for the claim for partition of co-owned property as to the real estate as stated in the Disposition Paragraph (1) of this Article were satisfied. The plaintiff attempted to consult with the defendants for the partition of co-owned property, but the defendants did not respond to the consultation, and thus the plaintiff also stated that the plaintiff is seeking auction division on the first date for pleading. In light of the nature, location, area, utilization situation of the co-owned property, use value after the partition, etc., it is deemed that it is difficult or inappropriate

3. In conclusion, the plaintiff's claim shall be accepted to the extent that the auction division is recognized, and it is so decided as per Disposition.

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