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(영문) 수원지방법원 여주지원 2018.07.12 2017가단508

공유물분할

Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling 325 square meters before J of Gyeonggi-gu, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. As to the instant land, the Plaintiff is 12/30 shares, and Defendant B and C are 6/30 shares, respectively, and Defendant D, E, F, G, H, and I are co-owned at 1/30 shares.

B. As to the Plaintiff’s share among the instant land, a joint collateral security with a maximum debt amount of KRW 80,600,000 is set out, and as to the share of Defendant B, a joint collateral security with a maximum debt amount of KRW 360,000,000 is set out, and as to the share of Defendant D, a joint collateral security with a maximum debt amount of KRW 270,000,000 is set out.

C. The instant land is in the shape that is long from the direction of the north-do along the south of about 5 to 6 meters in width and about 54 meters in length.

The land of the Plaintiff and the Defendants adjacent to the instant land is indicated below.

1) The Plaintiff owns 576 square meters in Gyeonggi-gu, Gyeonggi-do, 576 square meters, L 178 square meters, M 763 square meters in total, and 496 square meters in total prior to N. 2) Defendant B owned 280 square meters prior to the Gyeonggi-do, Yangyang-gun, and 216 square meters prior to P. Q, which is his wife, owns 264 square meters prior to R., 209 square meters prior to S, and 23 square meters prior to T.

3) Defendant C owns a 335 square meters prior to the Gyeonggi-gun U.S., 83 square meters prior to V, and 197 square meters prior to W. 4) Defendant D owns a 430 square meters prior to the Gyeonggi-gun X, 162 square meters prior to the Y, 591 square meters prior to the Z, AAA, 533 square meters prior to the AB, 98 square meters prior to AB, 80 square meters prior to AC, 44 square meters prior to AD, 525 square meters prior to AE, and 186 square meters prior to AF.

5) Defendant E and F share 562 square meters in total, AH, and 677 square meters in total, G and AI. (6) Defendant G and AI share 1,476 square meters in total, both the Gyeonggi-gun AJ.

7) Defendant I owns a 327 square meters, AL 172 square meters, AM 172 square meters, and 336 square meters, etc. The location of the instant land and each land indicated in the foregoing paragraph (d) are as shown in the cadastral map in attached Table 3. F. The Plaintiff and the Defendants did not reach an agreement regarding partition of co-owned property by the date of the closing of argument in the instant case. [Evidence evidence: (a) No. 1 through 7, 8, 10 square meters (including paper numbers), No. 1, B, B, 1, and 3, each entry or image of evidence, and the results of the survey appraisal and the entire pleadings by this court.