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(영문) 춘천지방법원속초지원 2019.11.08 2019가단229
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

1. Basic facts

A. The Plaintiff and the Defendant shared each real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 5/6 shares and 1/6 shares.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff may request the Defendant to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

In relation to the method of partition, in light of all the circumstances, including the fact that the plaintiff, the defendant, and all of the defendant appear not to want to divide the real estate of this case into the kind, and the plaintiff and all of the defendant appear to have no intent to purchase the other party's shares (the plaintiff and all of the defendant do not file an application for market price appraisal, which is the premise for the purchase of shares), it is reasonable to divide the real estate of this case into the auction and the remaining amount after deducting the auction cost from the purchase price, by distributing it

3. In conclusion, we decide to divide the instant real estate as above and decide as per Disposition.

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