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(영문) 부산지방법원 2017.05.25 2016가단65366
공유물분할
Text

1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence Nos. 1, 4, and 5, taking into account the overall purport of the pleadings.

Attached Form

The registered real estate(hereinafter “instant real estate”) was owned by G. G was deceased on July 12, 2002, and the registration of ownership transfer was made on January 8, 2003 in the name of the Plaintiff and the Defendants, who were children, due to inheritance.

B. H, who was the lessee of the instant real estate, filed a lawsuit with the Busan District Court 2014Kadan244936 against the Plaintiff for the following reasons, and was sentenced by the above court on November 28, 2014 that “The Plaintiff shall pay to H 60,668,430 won and interest thereon at each rate of 5% per annum from September 2, 2014 to November 11, 2014, and 20% per annum from the next day to the date of full payment,” which became final and conclusive as is.

During the life and life of the instant real estate, a person who had resided before February 2014, who had been managing the instant real estate as he/she was the recipient of the said real estate, and sought cooperation in the lease contract of an apartment, but the recipient of the said real estate did not fully cooperate, and as the lessee did not fully cooperate, the lessee’s seizure of his/her own property against him/her and conducted an auction of his/her own property through a lawsuit claiming the return of the lease deposit, thereby allowing him/her to pay the lease deposit amount of KRW 668,430,00,000 for long-term repair appropriations and long-term repair appropriations of KRW 668,430,218,90, and litigation costs of KRW 326,930,5,257,490 for application for auction expenses.

At least one year thereafter, we have to pay only KRW 1,650,920 for apartment management expenses.

(Interim omitted) Afterwards, we asked the receiver to cooperate in determining whether or not the instant real estate is sold or sold, but the receiver did not cooperate.

(Interim omitted) The instant case.

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