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(영문) 부산지방법원 2016.07.06 2015가합40848

공유물분할

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. As between D and D on June 1, 2012, the Defendant prepared a notarial deed of debt repayment contract (quasi-loan for consumption) including the following (hereinafter “notarial deed of this case”) with the obligee D and the obligor as the Defendant:

(No. 175, 2012, No. 175, No. 1, 2012, No. 200,000, 600) The debtor shall pay this obligation to the creditor not later than October 15, 2012 by the clerk.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized and admitted that there is no objection even if compulsory execution has been effected.

Article 10 (Matters of Special Agreement)

1. If the debtor fails to pay the amount to the creditor by January 31, 2013, the debtor confirms that 50% of the right to the structure of this case has the right to the creditor and recognizes that the creditor has all the shares, including the proceeds therefrom.

B. On September 21, 2012, D transferred claims based on the instant notarial deed to the Plaintiff.

On October 17, 2012, the Plaintiff was delegated with the authority to notify the assignment of claims from D and sent the notice of assignment of claims to the Defendant with the content certification, and around that time, the said content-certified mail reaches the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not repay the debt based on the notarial deed of this case, which the plaintiff acquired ownership by being transferred the right to claim the return of the object of this case to the 1/2 share of the notarial deed of this case through the transfer of the right to claim the return of the object or the amendment of possession

Therefore, the structure of this case is jointly owned by the original defendant. The original defendant did not have a divided agreement on the property jointly owned with respect to the structure of this case.

The sale price of the instant structure is the co-ownership of the original Defendant by selling it at an auction.