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(영문) 대전지방법원홍성지원 2020.05.29 2019가단333
특정공유지분의 분할
Text

1. The real estate listed in paragraph 1 of the attached list 1 shall be put to an auction and the proceeds from the auction shall be deducted;

Reasons

1. The Plaintiff and the Defendants are sharing the real estate indicated in [Attachment 1] Nos. 1 and 2 of [Attachment 1] according to their respective equity ratios.

The Plaintiff and the Defendants did not reach an agreement on the division of co-owned property. As to each of the instant real property, there were circumstances in which it is difficult to divide the property in kind due to the establishment of a mortgage, provisional attachment, etc. as to the Defendants’ co-ownership share, the Plaintiff filed a claim against the Defendants, who are other co-owners, for partition of

2. Determination:

A. Judgment on Defendant C by public notice (Article 208(3)3 of the Civil Procedure Act)

B. Judgment by deeming the remaining Defendants as confession (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

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