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(영문) 부산지방법원 동부지원 2018.03.29 2017가단212080
공유물분할
Text

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

Reasons

1. Basic facts

A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was the Defendants’ attachment and owned by the Plaintiff E, who was the Plaintiff’s punishment. On June 7, 2015, Nonparty F and his/her spouse were inherited by the Defendants.

B. From around July 1989, the Plaintiffs operated the frequency of “G” in the name of “G” in which the instant real estate was leased. However, Defendant C filed a claim against the Plaintiffs for the delivery of the instant real estate under the Busan District Court’s Dong Branch Branch 2017Kadan216396, and purchased the shares of co-ownership of the instant real estate from Nonparty F on July 19, 2017.

C. As of the date of the closing of the instant argument, the instant real estate is jointly owned by Plaintiff A 3/14, Plaintiff B 3/14, Defendant C C 4/14, and Defendant D D 4/14.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, Eul evidence 1, the purport of the whole pleadings

2. Since the instant real estate cannot be divided into the second floor of the building site and its ground, it is reasonable to divide the amount remaining after deducting the auction cost from the price by auction to the plaintiffs and the defendants' share ratio.

3. According to the conclusion, the plaintiffs' claims are reasonable and so decided as per Disposition.

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