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(영문) 대구지방법원 2018.05.04 2017가단22961
공유물분할 및 부당이득반환
Text

1. The real estate stated in the separate sheet shall be put to an auction and the remainder of the sale price shall be deducted from the auction cost;

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by K, L, and M in respective 1/3 shares.

B. The death of K inherited 1/3 shares owned by Defendant B, C, D, E, and F in proportion to 4/60 shares, and upon the death of L, inherited 1/3 shares owned by Defendant G, H, I, and J in proportion to 5/60 shares.

C. On November 13, 2017, the ownership transfer registration procedure was completed in the Plaintiff’s future on the share of 1/3 shares in the instant real estate by N.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to divide the instant real estate by means of auction division.

As such, the real estate of this case is sold to the plaintiff at auction and the remaining amount, except for the auction expenses, shall be distributed to the plaintiff at the ratio of 20/60 shares, 4/60 shares, Defendant G, H, I, and J, 5/60 shares, respectively.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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