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(영문) 의정부지방법원고양지원 2015.09.16 2015가단71811
공유물분할
Text

1. Attached Form 1 shall be put to an auction for real estate and the remainder after deducting the auction cost from the price shall be attached Form 2.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the claim for partition of co-owned property, the Plaintiff and the Defendants shared the real estate indicated in the separate sheet Nos. 1 (hereinafter “instant real estate”) at the proportion indicated in the separate sheet No. 2 co-ownership. The agreement between the Plaintiff and the Defendants on the method of partition of the instant real estate was not concluded, and the fact that no agreement prohibiting

According to the above facts of recognition, the plaintiff can claim a partition of co-owned property as to the real estate of this case.

In terms of the method of division, since it is difficult to divide the real estate of this case as one of the aggregate buildings in kind, it is appropriate to divide the price through auction.

Therefore, it is ordered that the real estate of this case should be sold to the plaintiff and the defendants according to the share of co-ownership ratio after deducting the auction cost from the auction price.

2. The Plaintiff acquired ownership of 1/2 shares of the instant real estate on January 15, 2015, and Defendant B, who owned the instant real estate by the Plaintiff and the Defendants, solely occupied and used the instant real estate prior to the Plaintiff’s acquisition of the Plaintiff’s ownership, thereby gaining profits from exceeding the amount of his/her own share out of the rent of the instant real estate without any legal cause, and thereby resulting in damages to the Plaintiff, who is a 1/2 right holder of the instant real estate (1.5 million won per month), thereby incurring losses from the rent of the instant real estate pursuant to Article 150 of the Civil Procedure Act. As such, Defendant B is deemed to have led to the confession of the Plaintiff pursuant to Article 150 of the Civil Procedure Act, Defendant B is obligated to pay the Plaintiff money calculated at the rate of KRW 150,000 per month from January 15, 2015 to the completion of the auction procedure of the instant

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