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(영문) 서울서부지방법원 2020.05.08 2020가단200002
공유물분할
Text

1. The real estate listed in the separate sheet 1 and 2 shall be put to an auction and the proceeds thereof shall be deducted from the auction cost.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at the respective levels indicated in the text.

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as the co-owner of each real estate of this case, the plaintiff, the co-owner of each real estate of this case, can file a claim for partition of each real estate of this case with the defendants, the other co-owner pursuant to Article 269

B. In light of the following circumstances: (a) the method of partition of co-owned property in this case’s use of each real estate in full, the number of co-owners, the share ratio of co-owners, and co-owners’ intent (it refers to Defendant C and F oppose the Plaintiff’s auction; (b) the remaining Defendants are in fact consenting to the claim for partition of co-owned property through the Plaintiff’s auction; and (c) the remaining Defendants do not directly consent thereto, give no written response, or give no specific opinion, and thus, consent thereto is anticipated to decrease its property value because it is difficult to use each divided portion of the said real estate independently as the shares of the Plaintiff and the Defendants

Therefore, it is reasonable to divide the jointly owned property by means of distributing the remaining amount after deducting the auction cost from the price of each of the instant real property sold by auction to the Plaintiff and the Defendants according to their share ratio.

3. Conclusion, after selling each of the instant real estate at auction, the remainder after deducting the auction cost from the proceeds will be distributed in proportion to the shares of the Plaintiff and the Defendants.

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