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(영문) 대구지방법원 2020.04.24 2019가단134639
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. Facts of recognition;

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in proportion to 7/14, and 1/14, respectively.

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as the co-owner of each real estate of this case, the plaintiff, the co-owner of each real estate of this case, can file a claim for partition of each real estate of this case with the defendants, the other co-owner pursuant to Article 269

B. Considering the circumstances such as the use situation of each real estate of this case, the number of co-owners, share ratio of co-owners, etc., which can be seen by comprehensively considering the method of partition of co-owned property as to the facts acknowledged under paragraph (1) above and the purport of all pleadings, it is anticipated that the property value will decline because it is difficult to use each divided portion of the above real estate independently as the co-owned share of the

Therefore, it is reasonable to divide the common property in the way of distributing the remaining amount after deducting the auction cost from the price of each of the instant real property sold by auction to the Plaintiff and the Defendants according to their shares of co-owners.

3. Conclusion, after selling each of the instant real estate at auction, the remainder after deducting the auction cost from the proceeds will be distributed in proportion to the shares of the Plaintiff and the Defendants.

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