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(영문) 대전지방법원 2015.11.19 2014가단230280

공유물분할

Text

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

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter collectively referred to as "each of the instant real estate") shall be referred to as "each of the instant real estate", and individually, the real estate listed in paragraph (1) of the attached list in paragraph (2) of the same Article shall be referred to as "first real estate", "second real estate", and "third real estate" listed in paragraph (3) of the same list shall be jointly owned by the Plaintiff and the Defendant, and each

B. Until now, the Plaintiff and the Defendant did not reach an agreement on the method of dividing each of the instant real estate.

C. The establishment registration of a mortgage was completed on March 11, 201 with the maximum debt amount of KRW 136,500,000,000,000 for a natural green area, and the establishment registration of a superficies was completed on March 11, 201 with respect to the ownership of buildings, other structures, or trees, and on March 16, 201, with respect to the ownership of the said land, 30 years from the date of registration for the establishment of the duration, 30 years from the date of registration for the establishment of the duration, and 40 years from the date of registration for the establishment of the superficies.

The second real estate is a second-class general residential area, and the establishment registration of mortgage was completed on July 13, 2010 with the maximum debt amount of KRW 1223.5 million, the debtor, the defendant, and the non-party partnership with the right to collateral security.

E. The third real estate is a building on the ground of the second real estate, which is a joint collateral with the second real estate on July 13, 2010, and the registration of the establishment of a neighboring mortgage consisting of the maximum debt amount of 123.5 million won, the debtor, the defendant, and the non-party association of the right to collateral security. On February 10, 2014, the maximum debt amount of 53 million won and the amount of 50 square meters (201 square meters), the south-dong 50 square meters (201), the duration from February 8, 2014 to February 7, 2016 (24 months), and the registration of the establishment of a right to lease on a deposit basis with the person having chonsegwon C was completed, and the part of the third real estate is leased to a third party, thereby gaining profits therefrom.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 and 1 (including branch numbers) or video, appraiser D's appraisal results.