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(영문) 부산지방법원 2017.12.07 2016가단64691
공유물분할
Text

1. Attached Form;

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

Reasons

1. Facts of recognition;

(i) the annex;

1. On the ground of the land indicated in the list (hereinafter “instant land”) there are 232 square meters in a single-story factory and 232 square meters in a single-story water level room and 5 square meters in a toilet (hereinafter “instant building”).

She. The instant building was owned by C, and on June 12, 1992, the registration of ownership transfer was completed with respect to the portion of D on June 12, 1992, and on December 6, 2004, the registration of ownership transfer was completed with respect to the remainder of 2/3 shares, and D donated one-third of his share to the Defendant on December 7, 2005.

Article 2(1) of the Civil Act provides that “The land of this case was owned by C, and the registration of ownership transfer in the name of D was completed with respect to the share on June 12, 1992, and the remaining shares were attached over November 6, 1996 and December 7, 1996.

2. As indicated in the list, the registration of ownership transfer was completed for the designated parties E, 6505/1326 shares, 505/1326 shares, 757/1326 shares, 757/1326 shares to the designated parties F, 1010/1326 shares to G, 757/1326 shares to the designated parties H, 152/1326 shares, 252/1326 shares to the designated parties I, and D donated 3440/1326 shares to the Defendant on December 7, 2005.

x. Of the instant land and buildings, the registration of creation of a new mortgage, which is a debtor company, as well as a national bank corporation, was completed on July 30, 1998 with respect to the Defendant’s share of the instant land and buildings, the maximum debt amount of KRW 286,00,000,000.

(v) as of the date of the closing of argument in the instant case, there was no agreement between the Plaintiff (Appointed Party) and the remaining designated parties (hereinafter “Plaintiffs”) on the method of dividing the instant land and building as of the date of the closing of argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. In the case of dividing the jointly-owned property by the judgment of the judgment on the plaintiffs' cause of the claim, in principle, dividing it in kind or in kind, or when it is impossible to divide it in kind or in kind, the value thereof might be significantly reduced, the auction of the jointly-owned property shall be conducted.

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