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(영문) 광주지방법원 2017.08.22 2017가단500025
공유물분할
Text

1. Attached 1. The plaintiff shall sell the real estate at auction and the remainder after deducting the auction cost from that price.

Reasons

In full view of the purport of the evidence Nos. 1, 2, and 3 as well as the whole pleadings, the real estate listed in Attached Table 1 is jointly owned by the plaintiff and the defendant one-half shares, and there was no agreement on the method of division. In light of the location and size of the above real estate, the utilization status, the use value after division, the co-owners' relation, and the situation of co-ownership, etc., it is recognized that there is a concern that the amount of the above real estate may not be divided in kind or the value may be reduced significantly due to division. Therefore, the co-ownership relationship shall be resolved by means of selling the above real estate at auction and distributing the remaining amount after deducting the auction cost from the proceeds

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the litigation cost is assessed against each party in consideration of the characteristics of the partition of co-owned property. It is so decided as per Disposition

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