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(영문) 수원지방법원평택지원 2017.08.11 2017가단1160

공유물분할

Text

1. The Defendants divided the property jointly owned with respect to 1/8 out of the shares of 134.4/874 of the real estate in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. The shares of the real estate listed in the separate sheet (hereinafter “instant road”) are as listed in the following co-ownership shares:

Division A B CDDD AF H H H H M Co., Ltd. 134.4/874 5.9/874 5.9/874 101.4/874 874 58.4/874 59.4/874 874 107.7/874 107.7/874 150/874 874 150/874 874) Defendant 1, Defendant 23 Defendant 456 Defendant 78

B. The instant road is used as an access road to a factory owned by the Defendants, such as the video of the placement map of the Defendants’ factory.

C. Some of the Defendants provided the share of the instant road and the Defendants’ factories as joint collateral, and obtained a loan of financial rights. The amount of the loan exceeds the maximum debt amount of KRW 4.186 billion.

Division AB CDDD AF Resolution Co., Ltd. - the maximum amount of 57,570,42,384,400 134,8880,000 - Defendant 12, Defendant 3, Defendant 4, Defendant 5, Defendant 6, Defendant 8

D. In the instant case of compulsory auction (hereinafter “instant share”) with respect to the shares 134.4/874 (hereinafter “instant share”), the appraisal value of the instant share was appraised as KRW 11,424,000, and ② the minimum sale price was 11,424,000 on June 27, 2016, and KRW 7,97,000 on August 1, 2016 (=11,424,000 x 00 x 0.7; hereinafter the same shall apply); the method of calculating the sale price was 5,598,000 won on September 12, 2016; and the minimum sale price was 3,919,000 won on October 24, 2016; however, the Plaintiff bided on the date of sale to the Plaintiff on March 16, 2016; and the Plaintiff was able to sell the said shares again on May 27, 2016.

E. On February 1, 2017, the Plaintiff filed the instant lawsuit seeking payment by auction.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 4, each entry or video (including a provisional number), a significant fact in this court, and all pleadings.