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(영문) 춘천지방법원 원주지원 2017.03.21 2016가단36705
공유물분할
Text

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

Reasons

Facts of recognition

A. As of the date of the closing of argument in the instant case, the real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants, and the Plaintiff and Defendant C own 2/7 shares, and Defendant B owns 3/7 shares.

B. As to the method of dividing the instant real estate, no agreement was reached.

C. The instant real estate is an aggregate building of which the area of exclusive ownership is 56.34 square meters, and the Plaintiff’s share in the instant real estate is subject to a provisional registration and a right to collateral security.

[Reasons for recognition] According to the above facts of recognition, the plaintiff, a co-owner of the real estate of this case, can file a claim for the division of the real estate of this case with the other co-owners, and since it is difficult to divide the real estate of this case in kind, it is reasonable to divide it by the method of payment.

Therefore, it is so decided as per Disposition by deciding to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the sale price by selling the real estate at auction.

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