logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.14 2018가단5041422
공유물분할
Text

1.(attached Form 1) Each real estate and real estate share listed in the list shall be put to an auction and auction costs shall be incurred in the proceeds thereof.

Reasons

In the public sale procedure of the Korea Asset Management Corporation on January 15, 2018, the Plaintiff: (a) among F’s 1/2 shares in the building E (hereinafter “instant building”) and the 83.6m2m2 in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant land”); (b) owned by F and Defendant B based on sectionally owned co-ownership relation between Defendant C and Defendant C and Defendant D, the Plaintiff was awarded a successful bid of 1/2 shares in the instant building; and (c) completed the registration of ownership transfer on February 7, 2018; and (d) completed the registration of co-ownership transfer on the instant building on February 7, 2018, on the instant land, 1/2 shares in F and 3065m20; and (e) the agreement on co-owned property partition between the Plaintiff and Defendant F was not established; (c) thus, the Plaintiff may file a claim against Defendant F to divide the instant building and the instant site.

[As acquisition of ownership by auction is acquired by succession in nature, the successful bidder who acquired the above co-ownership share by the execution of the right to collateral security after establishing the right to collateral security (Supreme Court Decision 91Da3703, Aug. 27, 191) is entitled to apply to this case in this case after the right to collateral security was established in the registration of co-ownership on a specific part of one land, which marks the sectional co-ownership relation as to a specific part of the land (see Supreme Court Decision 91Da3703, Aug. 27, 1991). Although the partition of co-owned property by judgment is based on the in-kind division, it is not appropriate to divide the building of this case in kind, in view of its nature,

If so, each real estate and real estate stated in the list (attached Form 1) are put to an auction and the remainder after deducting the auction cost from the price is distributed to the plaintiff and defendant B at the ratio of one half, and the plaintiff's preliminary claim against the defendants is dismissed.

arrow