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(영문) 대구지방법원 2019.04.12 2018가단110674
공유물분할
Text

1. The real estate listed in the separate sheet No. 1 will be put to an auction and the proceeds will be deducted from the auction cost.

Reasons

1. The Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in proportion to their co-ownership shares indicated in the separate sheet No. 2, and each co-ownership share indicated in the separate sheet No. 2, and the fact that the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate does not conflict between the parties, or that agreement on the division of the instant real estate

2. According to the above facts of recognition, one of the co-owners of the instant real estate may claim a partition of the instant real estate against the Defendants based on his co-ownership share.

In addition, in light of the following circumstances that can be recognized by the evidence mentioned above, i.e., the Plaintiff wants to divide the instant real estate through auction, and the Defendants also want to divide the instant real estate in the same way, and in light of the area, location, and current use of the instant real estate, it would be likely that the function and value of the building would be reduced after the division in kind after the division. As such, it is reasonable to sell the instant real estate through auction, and distribute the remainder after deducting the auction cost from the price to the Plaintiff and the Defendants according to the share of the co-ownership, since it is difficult or inappropriate to fairly divide the instant real estate by the method of spot-sale or partial value compensation, maintaining the utility value of the instant real estate, and by the method of spot-sale or partial value compensation.

3. In conclusion, it is decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the proceeds that the instant real estate was sold to an auction to the Plaintiff and the Defendants in their respective shares.

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