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(영문) 대전지방법원홍성지원 2019.06.12 2018가단6174
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the F 720 square meters in return for the F Y, Hong-gun, Chungcheongnam-gun to auction.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants own 720 square meters of 720 square meters for each share in the text of paragraph (1) of this Article.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the land.

【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 7, and the purport of the whole pleadings

2. The partition of a co-owned property by judgment shall be made, in principle, in kind as far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide in kind or the value thereof is likely to be reduced remarkably due to such division, by auction;

In view of the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings as evidence Nos. 1 through 7, the two provisional seizures and seizures are completed with respect to Defendant B’s share, and the Plaintiff and Defendant C wishing to sell and divide by auction, it is reasonable to issue an order to divide the above land by auction on the ground that it is impossible to divide the above land in kind or is likely to significantly decrease its value due to the division.

3. Conclusion, the remainder after deducting the auction cost from the proceeds of the sale from the sale is to be distributed to the Plaintiff and the Defendants in their respective shares in the text.

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