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(영문) 창원지방법원통영지원 2015.07.23 2014가단14329
공유물분할
Text

1. Attached Form;

1. The remainder of each real estate entered in the list, which remains after deducting the auction expenses from the proceeds of sale; and

Reasons

1. Basic facts

A. The deceased M shall complete the registration of ownership transfer pursuant to Act No. 3094 on August 7, 1981, which was received on August 7, 1981, pursuant to Article 25491, with respect to the registration office of Changwon District Court with respect to the land of this case (hereinafter “instant land”).

B. The Defendants and O, the successors of net M, are the instant land, and the Defendants and O are the instant buildings with a single-story of 43.07 square meters (hereinafter “instant buildings”) on the ground of cement block structure, splate roof, single-story detached housing, on the ground of the instant land, and the instant land and the instant building are combined with the instant building, and

2. On December 5, 2013, the registration of ownership preservation for each share (7/70 shares of theO) entered in the list was completed on December 5, 2013 by a grace office.

C. The defendants andO are attached to the land of this case.

2. On December 5, 2013, No. 70283, as of each share (7/70 shares of theO) entered in the list, the registration of ownership transfer was completed on July 8, 1991 as to each share (7/70 shares of theO).

O’s creditor Tyman Loan Co., Ltd. filed an application for a compulsory auction (hereinafter “instant auction”) with the Changwon District Court for an O’s share (hereinafter “instant share”) among the instant real estate as the U.S. P for a compulsory auction (hereinafter “instant auction”) and received a decision to commence compulsory auction on March 11, 2014.

E. On November 5, 2014, the Plaintiff completed the registration of transfer of ownership due to a compulsory sale by official auction as of November 5, 2014, by a macro-registration office No. 63482, supra.

F. Each share of the Plaintiff and the Defendants in the instant real estate is attached to the separate sheet.

2. The entry is as shown in the list;

G. There is no agreement between the Plaintiff and the Defendants on the prohibition of partition of the pertinent real estate, and there was no agreement on the method of partition.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 and 2 in 1 and 2, and the purport of the whole pleadings

2. Determination

A. As seen earlier, the right to partition co-owned property was created.

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