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(영문) 대구지방법원 2020.08.20 2019가단19808
공유물분할
Text

Attached Form

The remaining amount of shares shall be the real estate indicated in the indication of real estate sold at auction and deducted from the expenses.

Reasons

1. Facts of recognition;

A. The real estate indicated in the attachment (hereinafter “instant land”) is the land owned by the Plaintiff and the Defendants in proportion to the shares indicated in the attachment shares.

B. As to the Plaintiff’s share (220/1741), the mortgagee shall be JJ Co., Ltd. and the maximum debt amount shall be KRW 48,000,000 is set up against the Defendant.

1. With respect to the shares (210/1741/170) of Company B, seizure is made according to the provisional seizure of multiple claims by creditors or delinquency in payment of taxes.

C. Partial co-ownership shares Defendant

5. F) The consultation about partition of co-owned property is impossible in itself because it does not contact with the F and it is difficult to know the whereabouts of the F. 【The fact that there is no ground for recognition, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. As a co-owner’s one person, the Plaintiff is claiming the partition of the pertinent land as a co-owner.

In light of various circumstances, such as the fact that multiple co-owners own the land of this case, which is a miscellaneous land, in proportion to the share value, it is not easy for many co-owners to divide it in kind, and that many co-owners wish to divide it through the auction procedure, in particular, because a mortgage is established on some shares, or provisional attachment or seizure disposition is made by creditors, which is the most difficult to process them when it is divided in kind, the cash division through the auction procedure is the most appropriate method for dividing the real estate of this case.

3. Conclusion, it is so decided as per Disposition by allowing the instant real estate to be divided by cash division through the auction procedure.

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