공유물분할 및 임료
1. The real estate listed in the separate sheet No. 1 is sold to an auction and the amount calculated by deducting the auction cost from the price is 3/5.
1. The following facts are recognized in accordance with the purport of each of the statements and arguments in Gap evidence Nos. 1 and 5, which are deemed to have been led by the defendant, or which are acknowledged in accordance with the purport
A. On January 16, 2017, the Plaintiff purchased 3/5 shares of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in the public sale procedure, and completed the registration of ownership transfer in the name of the Plaintiff on February 27, 2017.
B. As of the date of closing argument of the instant case, the Plaintiff owns 3/5 shares, and the Defendant owns 2/5 shares, respectively.
C. From January 16, 2017 to June 30, 2017, the Plaintiff’s rent for the portion equivalent to the Plaintiff’s share in the period from January 16, 2017 to June 30, 2017, is KRW 463,890, and the amount equivalent to the monthly rent after January 16, 201 is KRW 85,00.
2. In light of the fact that the instant real estate, which is the object of judgment as to the partition of co-owned property, is an aggregate building, and the Defendant appears to reside in the instant real estate, it is inappropriate to use the method of in-kind partition. Thus, it is determined to divide the proceeds by auction and distribution.
3. Determination on a monetary claim
(a)as shown in Appendix 2 of the Request;
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);