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(영문) 광주지방법원 순천지원 2018.12.20 2018가단74249
공유물분할
Text

1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet No. 1 for auction;

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants share the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) at each ratio listed in the separate sheet No. 2 ratio. 1.

B. The Plaintiff and the Defendants did not agree on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Since the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate, the Plaintiff may request the Defendants to divide the said real estate.

On the other hand, since the real estate in this case is an aggregate building (multi-unit building) and it is deemed that the nature of the apartment can not be divided in kind or that the value might be significantly reduced due to the division, it is reasonable to divide the remaining money after deducting the auction cost from the price by means of auction and auction, according to the ratio of

3. In conclusion, the plaintiff's claim is reasonable, and the lawsuit cost is assessed against each party. It is so decided as per Disposition.

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