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(영문) 서울중앙지방법원 2018.04.26 2017가단5190549
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant land”) is jointly owned by the Plaintiff at each ratio of 103.2/592, Plaintiff B 12.9/592, Plaintiff C’s 12.9/592, and Defendant 463/592.

B. There was no agreement between the plaintiffs and the defendant on the method of dividing the land of this case until now.

[Ground] Confession

2. According to the above facts of determination, the Plaintiffs, co-owners of the instant land, may file a claim for the partition of the instant land against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

Furthermore, in light of the nature, location, area, situation of use, use value after the division, etc. of the common property, such as the fact that there is a building owned by the plaintiff A on the land of this case, and that if the land of this case where the building is divided in kind according to the share ratio, it may be prohibited from partition pursuant to Article 57(1) of the Building Act, it is determined that the land of this case is the most impartial and reasonable method of dividing the remaining amount after selling the land at auction at an objective and justifiable price, and then deducting the auction cost from the proceeds of the sale at auction at an objective and reasonable price and then distributing the land to the plaintiffs and the defendant

3. The conclusion is that the land of this case is sold at auction and the amount remaining after deducting auction expenses from the price is distributed to the plaintiffs and the defendant according to the ratio stated in the order of co-ownership, which is the co-ownership ratio, but the costs of lawsuit

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