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(영문) 대구지방법원경주지원 2019.02.20 2018가단11551

공유물분할

Text

1. The amount remaining after deducting the proceeds of auction from the proceeds of selling each real estate listed in the separate sheet by auction;

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff, 3/5 shares, and 1/5 shares, respectively.

B. Before the Plaintiff and the Defendants acquire the ownership of each of the instant real estate, each of the instant real estate was owned by Nonparty D’s sole owner, and as D died around March 28, 2014, Defendant B, C, E, F, and G inherited each of their respective shares of 1/5.

C. After that, on February 1, 2018, the Plaintiff purchased each share ownership from E, F, and G, the remaining successors except the Defendants, and completed the registration of ownership transfer based on the purchase on March 30, 2018.

① The instant real estate is classified as “building site” and is used as a site for a commercial building (part of the instant 4 real estate) on the ground, and its size is 445 square meters.

② The land category of the instant 2, 3, and real estate is either “gas station site” or “building site,” and is used as a site for a ground gas station (part of the instant 4 real estate), and its area is 545.9 square meters in total.

E. The sum of the area of the instant real estate 1 through 3 is 99m2.9m2.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4 (including each number), Gap 9's video, the purport of the whole pleadings

2. In full view of the following circumstances, it is deemed inevitable to divide each of the instant real estate by means of auction and division, and the Plaintiff’s claim for this case is reasonable.

The Plaintiff sought, as a matter of course, the part to be used as a gas station site among each of the instant real estate (the real estate of this case 2 and 3 real estate of this case and the land of this case, part of the real estate of this case, and part of the land area of this case 3/5) as the Plaintiff’s ownership, and the remaining part (the land area of this case is 2/5 of the total area)

B. However, the Defendants are different.