(영문) 인천지방법원 2015.02.10 2014가합747

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(영문) 인천지방법원 2015.02.10 2014가합747

공유물분할

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Attached Form

The real estate stated in the list of real estate shall be put to an auction and the proceeds from the auction shall be deducted.

Reasons

1. Basic facts

A. The Plaintiff (ex-owner) acquired the share of the instant real estate on January 20, 2014 after receiving a successful bid from the Korea Asset Management Corporation in the auction procedure for the real estate list (hereinafter “instant real estate”) as stated in the attached Table 583.44/875.16 shares of the 583.4/875.16 shares of the 583.4/875.16 shares of the 7.67/875.16 shares of the instant real estate were acquired from some of the other co-owners.

Plaintiff

On July 14, 2014, the Intervenor succeeded to the instant real estate (hereinafter “Plaintiffs”) acquired the co-ownership shares owned by the non-style house owner with respect to the instant real estate from the non-style house owner at the rate of 1/2 (the share of each of the instant real estate 35/875.16).

B. As of the date of closing argument of the instant case, the instant real estate is jointly owned by each party in the “co-owner” column of the annexed co-owner’s share list as indicated in the same list.

C. Although the Plaintiffs intended to divide the instant real estate, they did not reach an agreement on the method of division with the Defendants, the remaining co-owners, and the Intervenor L and Defendant K M (hereinafter only referred to as the “Defendants”) who participated in the transfer group acquisition agreement by the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5, entry of Eul evidence 1, and purport of whole pleadings

2. Determination

A. As seen above, the Plaintiff and the Defendant indicated in the separate shares of co-owned shares as above owned each corresponding co-owned share as to the instant real estate, and as the above Plaintiff and the Defendant did not reach an agreement on the method of partition of the instant real estate, the Plaintiffs may file a claim for partition of the instant real estate pursuant to Article 269(1) of the Civil Act.

The defendants are composed of several independent defenses for the real estate of this case.

참조조문

-민법 제269조 제1항

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