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(영문) 수원지방법원평택지원 2019.04.30 2018가단65345
공유물분할
Text

1. The remaining amount after deducting the auction expenses from the proceeds of the sale by attaching real estate of 139 square meters in Pyeongtaek-si E-si to the auction; and

Reasons

According to the overall purport of Gap evidence Nos. 1, 2, and 3 and all pleadings, it is recognized that the plaintiff and the defendants shared shares as shown in the attached Table with respect to the amount of 139 square meters (the real estate in this case) of Pyeongtaek-si E-si.

In light of the following circumstances acknowledged by the purport of the entire pleadings, where the Defendants’ shares are divided in kind, it is not less than 22.6 square meters in the case of the division in kind with respect to the Defendants’ shares, and the Plaintiff’s share purchase is less than the minimum size of the site, and the Defendants did not cooperate without submitting any opinion, and as to the Plaintiff’s share, the right to collateral security has been established, it is reasonable to order the Plaintiff and the Defendants to divide the remaining amount after deducting the auction cost from the proceeds of the sale from the auction of the instant real estate into the method of distributing the amount at each ratio

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