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(영문) 대구지방법원서부지원 2017.05.17 2017가단142

공유물분할등

Text

1. The remainder of the sale price, which is 605 square meters away from the sale price, shall be put to an auction for the Gyeong-gun, Seongbuk-gun, Seongbuk-gun.

Reasons

1. Indication of claim;

A. The Plaintiff and the Defendants owned each share in the 605 square meters in the Gyeong-gun, Sung-gun, Chungcheongnam-gun (hereinafter “instant land”) on the ground that the Defendants were inherited on the ground of eight buildings inherited by the Defendants, which are not divided in kind by shares of each co-ownership, and there is no division agreement with the Defendants.

Therefore, in dividing the instant real estate, it is inevitable to divide the price through an auction.

B. Meanwhile, the Defendants owned the building on the instant land by inheritance, and owned it entirely, and owned and used the entire instant land that is jointly owned by the Plaintiff and the Defendants.

Therefore, the Defendants jointly pay to the Plaintiff 16,286 won (i.e., the appraised price of the Plaintiff’s share out of the instant real estate at the time the Plaintiff’s ownership was acquired 8,842,60 won x (05 x 0.05 x 96 days / 365 days) with the annual rate of 15 percent from the day following the final delivery of a written complaint to the day of complete payment. Moreover, the Defendants are obligated to pay the Plaintiff 36,844 won per month from January 1, 2017 to the day of the Plaintiff’s loss of ownership or the date of the Defendants’ possession from the day of December 31, 2016 to December 31, 2016 (i.e., the appraisal price of the Plaintiff’s share x 8,842,600 won per annum x 0.05 ± 12 months).

2. Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act).