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(영문) 부산지방법원 동부지원 2018.08.22 2017가단14903
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

1. Indication of claim;

A. The real estate listed in the separate sheet (hereinafter “instant land”) is jointly owned by the Plaintiff, Defendant B, Defendant D, and Defendant E, respectively, in proportion to their respective shares of 15/810 and 750/810 by Defendant C.

(F) On October 30, 1995, the Defendant D and Defendant E inherited their respective 15/810 shares of 30/810 shares in the land of this case.

As to the instant land, there is no agreement between the above co-owners on the method of partition, and each share of the remaining co-owners except Defendant C is less than 60 square meters, which is the minimum size of partition, it is reasonable to divide the instant land into the method of payment by auction.

2. Applicable provisions;

(a) Defendant B and C: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);

(b) Defendant D or E: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

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