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(영문) 광주지방법원 2017.07.05 2016가단26810
공유물분할
Text

1. The real estate stated in the attached list shall be put to an auction and the auction expenses shall be deducted from the proceeds thereof;

Reasons

1. In addition to the purport of the entire pleadings in the statement No. 1-1 and No. 2 of the evidence No. 1-2, the Plaintiff and the Defendant (appointed parties; hereinafter the Defendant) and the designated parties share each real estate listed in the separate sheet (hereinafter the “instant real estate”) at the ratio of shares listed in the Disposition No. 1, and the real estate of this case is the site of one parcel, the housing of two stories above ground, and the attached building.

2. According to the above facts, the agreement on the method of dividing the real estate of this case jointly owned by the plaintiff, the defendants and the designated parties was not reached, and considering that the real estate of this case is the second floor housing and its site, the fair in-kind division according to the share ratio of co-owners is deemed impossible. Thus, it is reasonable to divide the remaining amount after deducting the auction cost from the price of this case into the share ratio of each co-owner.

Therefore, it is so decided as per Disposition.

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