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(영문) 광주지방법원목포지원 2016.10.12 2016가단1906
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds of the sale by selling it to an auction with the area of 1321 square meters prior to the Jeonnam-gun.

Reasons

1. The real estate stated in the order is jointly owned by the plaintiff (5321/12321) and the defendant (700/12321). The agreement on the method of division was not reached. In light of the location and size of the above real estate, the situation of its use, the amount of use after the division, the relationship between co-owners, the current status of co-ownership share, etc., the value of the real estate can not be divided in kind or can be considerably reduced due to the division.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Therefore, since the co-ownership of the above real estate is to be resolved by the method of distributing the remaining amount after deducting the auction cost from the proceeds of the auction from the proceeds of the auction, the co-owners of the original and the defendant are bound to do so.

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