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(영문) 서울중앙지방법원 2017.01.26 2016가단59028
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

Reasons

1. Basic facts

A. The real estate listed in paragraph (1) of the attached Table No. 50,717/151,200 for Plaintiff A, Defendant F shall own the real estate listed in paragraph (3) of the attached Table No. 26,543/151,200, Plaintiff B, C, D, and Defendant E shall own the real estate listed in paragraph (2) of the attached Table No. 18,485/151,200 for Plaintiff A, and Defendant F shall own the real estate listed in paragraph (2) of the attached Table No. 25/36 for Plaintiff A, and Defendant F shall own the real estate in the attached Table No. 7/36, Plaintiff B, C, D, and Defendant E in the ratio of 1/36 for each of them, and

B. Each real estate listed in the separate sheet is located in a quasi-residential area, and the real estate listed in the separate sheet 3 is a building approved for use as of November 10, 1969.

[Ground of recognition] There is no dispute, each entry in Gap evidence 1 to 3 (including the paper number) and the purport of the whole pleading

2. We examine the appropriate division method of each of the above real estate. Considering the share ratio of the plaintiffs and the defendants with regard to each of the above real estate, the use status of each of the above real estate, the parties' intent with regard to the division method, and all other circumstances shown in the argument of this case, it seems difficult to guarantee the appropriate use and distribution of each of the above real estate by means of spot payment or price compensation.

3. In conclusion, we decide to distribute the remaining amount after deducting the auction cost from the sale price by selling each of the above real estate at auction according to the share ratio between the plaintiffs and the defendants. It is so decided as per Disposition.

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