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(영문) 대구지방법원 2015.07.22 2015가단7760

공유물분할등

Text

1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. Judgment on the claim for partition of co-owned property

A. Fact-finding 1) The real estate listed in paragraph 1 of the attached list is owned by the Plaintiff at each ratio of 1,262,950,812/1,916,68,000, and the Defendants, respectively, 326,868,594/1,916,68,000. 2) The real estate listed in paragraph 2 of the attached list is owned by the Plaintiff at each ratio of 8,840,65,684/17,250,250,252,192,00, Defendant B, 288,080,080,158/17,250,250, and Defendant C shared at each ratio of 6,121,456,158/17,250,192,000.

3) On June 15, 2010, among the real estate listed in the attached list No. 2, the establishment registration was completed on June 15, 2010 with regard to the shares owned by Defendant C as to the collateral security holders D or the maximum debt amount of KRW 50 million. As to the share owned by the Plaintiff, the establishment registration was completed on June 20, 2014 with regard to the share owned by the Plaintiff at the time of the Daegu Livestock Cooperatives or the maximum debt amount of KRW 66 million. [In the absence of any dispute over the grounds for recognition, the evidence No. 2, and evidence No. 6], the purport of the entire pleadings

B. The partition of co-owned property by judgment 1 is, in principle, a method of spot partition, or it is impossible to divide in kind or in kind, or possible in form.

Even if the price of the article jointly owned is likely to be reduced due to it, the auction is ordered pursuant to Article 269(2) of the Civil Code, and the price of the article is divided. The price of the article substantially reduced due to the in-kind division is not only when the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also when the value of the article to be owned by the co-owners is significantly reduced than the share price before the partition of co-owned property, even if the article is not divided fairly, it shall be included in the form of installment division.

Even the location, area, surrounding road conditions, use value, price, and share ratio of each co-owner.