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(영문) 대구지방법원 경주지원 2017.03.23 2016가단5125
공유물분할
Text

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

Reasons

In the absence of dispute or comprehensively taking account of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 4, the fact that the plaintiff shares 4/15 shares, the defendant A, B, and C shares 2/15 shares, the defendant D's share in the real estate register at the ratio of 5/15 shares, and the fact that the co-owners did not reach an agreement as to the method of dividing each real estate listed in the separate list may be acknowledged respectively.

According to the above facts of recognition, the plaintiff, a co-owner, has the right to request the court to divide each real estate listed in the attached list.

However, since the real estate listed in the attached list No. 2 is a house existing on the real estate listed in the attached list No. 1 and it is difficult to divide each of the above real estate in kind, it is so decided as per Disposition by ordering such auction pursuant to Article 269(2) of the Civil Code.

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