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(영문) 대구지방법원서부지원 2019.08.28 2019가단59544
부당이득금
Text

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

Reasons

1. Basic facts

A. The Defendants and Nonparty G shared the real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 1/6 shares, respectively.

B. On June 28, 2018, the Plaintiff completed the registration of the entire share transfer with respect to the 1/6 share of the instant real estate from G.

C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of recognition, the Plaintiff may request the Defendants, other co-owners, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

With regard to the method of division, it is difficult or inappropriate to divide the instant real estate in kind in consideration of all the circumstances, including the state of use and management of the instant real estate, and the economic situation of the Plaintiff and the Defendants.

(1) Defendant B and C, who appeared at the date of the first pleading, stated to the effect that they agree to the division of the price by auction, and they did not raise any objection to the jurisdiction thereof). Therefore, it is fair and reasonable to sell the instant real estate by auction and distribute the remaining amount after deducting the expenses for auction from the proceeds of sale to the Plaintiff and the Defendants, one-six share ratio, respectively, to the respective share ratio, and thus, it is so decided as per Disposition.

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