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(영문) 청주지방법원충주지원 2016.11.30 2016가단2898
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Basic facts

A. The Plaintiff is co-owners who own 7/11 shares of each real estate listed in the separate sheet (hereinafter “each real estate of this case”), and the Defendants are co-owners who own 1/11 shares of each of the above real estate.

B. The Plaintiff and the Defendants did not reach an agreement on the division of each real estate of this case.

[Basic Facts] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiff can claim the division of each real estate of this case, which is the co-owner of each real estate of this case, against the defendants as co-owners.

B. The method of partition is the site for each of the instant real estate and the instant building. Since the number of co-owners is the number of co-owners, dividing each of the instant real estate in kind into the instant real estate is inappropriate in light of the usage and current status of each of the instant real estate, each of the instant real estate is put up for auction to distribute the price according to co

3. In conclusion, each of the instant real estate is reasonable to be divided by auction division as above. It is so decided as per Disposition.

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