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(영문) 대전지방법원서산지원 2019.09.19 2018가합311
공유물분할
Text

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

Reasons

1. The plaintiff (appointed party) and the designated party (hereinafter collectively referred to as "the plaintiff et al.") and the defendants are co-owners of each real estate listed in the separate sheet No. 1. Since there is no divided agreement between the plaintiff et al. and the defendants on each of the above real estate, the plaintiff et al. seek an auction of each of the above real estate to divide the remaining money in proportion to the co-ownership share of the above real estate.

2. Judgment on deemed confessions made against the Defendants other than Defendant M (Articles 208(3)2 and 150(1) and (3) of the Civil Procedure Act)

3. Claim against Defendant M.

A. Defendant M asserts that the Plaintiff’s lawsuit against Defendant M should be dismissed, inasmuch as the registration of ownership transfer was not completed with respect to real estate listed in Nos. 3, 7, and 8 in the separate sheet No. 1.

However, the purchaser who purchased real estate in the auction procedure acquired the right to sell at the time of the payment of the sale price (Article 135 of the Civil Execution Act). The fact that Defendant M paid the sale price of each of the above real estate is not a dispute between the parties, and thus, Defendant M is a co-ownership holder of the above real estate regardless of whether Defendant M completed the registration of ownership transfer, and thus, Defendant M’s main defense of safety

B. 1) The indication of the claim on the merits is without dispute between the parties. 2) The partition of co-owned property by a trial is in principle made in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. If it is impossible to divide in kind or if the value might be considerably damaged due to the division, the price shall be divided through an auction.

(Article 269(2) of the Civil Act. The real estate No. 3 in the attached list No. 1, in which Defendant M& owned co-ownership, is merely 304 square meters, while co-owners reach 14 persons.

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