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(영문) 대전지방법원 공주지원 2018.11.22 2018가단1260
공유물분할
Text

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

Reasons

According to the purport of Gap evidence No. 1 and all pleadings, the plaintiff and defendants share the real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") in proportion to the attached list, and up to now, there was no partition agreement between the plaintiff and the defendants on the real estate of this case and there was no partition agreement.

According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim the division of the said real estate against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

Furthermore, in full view of all the circumstances recognized by the purport of the entire pleadings, including the following: (a) the Plaintiff and Defendant Dammmmtex Co., Ltd, the nature and environment of the company, and the Korea Industrial Co., Ltd. are seeking a division of auction; (b) the remaining Defendants did not appear on the date of pleading even after receiving the complaint of this case claiming a division of auction; and (c) the real estate of this case appears to have been divided in light of the existence, etc. of the building on the ground, if divided, the value of the

Therefore, pursuant to Article 269 (2) of the Civil Code, it is reasonable to distribute the remaining amount after deducting the auction cost from the sale price by selling the real estate at an auction to the original defendant's share.

Therefore, it is decided as per Disposition by dividing the instant real estate through an auction.

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