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(영문) 수원지방법원 2019.09.26 2019가단519949
공유물분할
Text

1. The amount remaining after deducting the expenses for the auction from the proceeds of the sale by selling the ship listed in the separate sheet 1;

Reasons

1. Determination as to the cause of claim

A. Since the fact that the Plaintiff and the Defendants shared the vessel indicated in the order (hereinafter “instant vessel”) with one-six shares, there is no dispute between the parties, and it is recognized that the Plaintiff and the Defendants did not reach an agreement on the method of the division of the instant vessel, which is public property by the closing date of argument, the Plaintiff, the co-owner of the instant vessel, may file a claim for the division against the Defendants, the other co-owners, pursuant to Article 269(1

B. The vessel of this case is unable to divide in kind due to its nature. The sale of the vessel of this case by auction, and then the Plaintiff and the Defendants are fair and reasonable to divide the sales price according to their shares.

C. Therefore, the remaining amount after deducting the auction cost from the sale price from the sale price will be distributed to the plaintiff and the defendants in their respective shares.

2. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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