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(영문) 창원지방법원 2020.09.25 2019가단122441
공유물분할
Text

1. The real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

Comprehensively taking account of the purport of the entire pleadings and significant facts in this court as to Gap evidence Nos. 1 and 2, it is acknowledged that the plaintiff (appointed party) and the designated party and the defendants shared the real estate indicated in the annexed list Nos. 1 in the annexed sheet, and the real estate listed in the annexed list is the land of which the total area is less than 262m2 square meters, and the co-owners are not less than six and it is highly likely that the value will be reduced significantly if divided into originals. In particular, the ownership share area of the plaintiff (appointed party) is not more than 5.24m2, the ownership share area of the plaintiff (appointed party) is less than 47.16m2, and the ownership share area of the plaintiff (appointed party) is less than 47.16m2, and it may be impossible to divide

Therefore, pursuant to the main text of Article 268(1) of the Civil Act and Article 269(1) of the Civil Act, the Plaintiff (Appointed Party) and the selector, who are co-owners of the real estate listed in the separate sheet, can file a claim for the partition of the joint

According to the above circumstances, it is substantially difficult to divide the real estate listed in the separate sheet in the separate sheet in kind with an accurate reflection of the ratio of each share of the plaintiffs (appointed parties) and the designated parties and the defendants. Therefore, it is reasonable to divide the real estate listed in the separate sheet by the method of distributing the price through auction.

If so, it is so decided as per Disposition by dividing the price of the real estate listed in the attached list into an auction and distributing it according to the share ratio of the Plaintiff (Appointed Party) and the designated parties and the Defendants.

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