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(영문) 대구지방법원서부지원 2017.04.19 2016가단17556
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

Reasons

1. Indication of claim;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) can not be divided into shares of co-ownership as the Plaintiff’s shares and the Defendants’ shares of 1/2 shares and the land annexed thereto, each of which is owned by each of the Defendants, and there is no division agreement with the Defendants.

Therefore, in dividing the instant real estate, it is inevitable to divide the price through an auction.

B. Meanwhile, Defendant G, while the instant real estate was jointly owned by the Plaintiff and the Defendants, is solely occupied and used.

Therefore, from September 23, 2016, the Plaintiff acquired ownership of 1/2 shares of the instant real estate to the date of the Plaintiff’s loss of ownership or the date of the Defendant G’s completion of possession (i.e., KRW 101,861,640 of the instant real estate at the time of the Plaintiff’s acquisition of ownership x 0.05 of the appraisal price of 1/2 shares of the instant real estate x 0.05 of the return rate of general single house for residential areas under the Land Compensation Evaluation Guidelines ± 12 months) is obligated to pay to the Plaintiff as unjust enrichment equivalent to the rent.

2. Applicable provisions;

(a) Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. The remainder of the Defendants except Defendant D: The judgment by a confession deemed as a confession (Article 208(3)2 of the Civil Procedure Act)

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