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(영문) 인천지방법원 2014.12.10 2014가단17243
공유물분할
Text

1. The remainder of the sale price calculated by deducting the auction cost from the sale price, which is sold to an auction to the Yeonsu-gu Incheon Metropolitan City D, 1818 square meters.

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1 as to the establishment of the co-owned property partition claim No. 1, the Plaintiff owns 1/11 shares in Yeonsu-gu Incheon Metropolitan City D, 5/11 shares in Defendant Korea Asset Trust Co., Ltd., 2/11 shares in Defendant KF Real Estate Trust Co., Ltd, and 1/11 shares in Defendant KF Real Estate Trust Co., Ltd., and 2/11 shares in Defendant A, B, and C, respectively, and there was no agreement on the method of division between the Plaintiff and the Defendants. Therefore, the Plaintiff may file a claim against the Defendants for the partition of the instant land by his co-ownership.

2. Since both the plaintiff and the defendants oppose the division of co-owned property in kind, it is reasonable to divide the remaining amount after deducting auction expenses from the proceeds of sale from the auction as stated in the disposition of this case to the plaintiff and the defendants according to co-ownership.

With regard to this, the defendants' co-ownership of the land of this case in Incheon Metropolitan City around 1997 and about 50 pieces of land provided to fishermen 578 persons per capita as co-ownership share of specific land in the process of selling in lots, and have been subject to a long-term sale right or co-ownership transaction in the form of co-ownership share of specific land in the process of selling in lots. A prop-council was formed with regard to about 30,000 square meters including the land of this case and the joint development project is promoted. The plaintiff's request for conversion of the land of this case to auction has the intention to obtain more economic benefits by using the defendant's poor address. Thus, the plaintiff's exercise of rights is against social rules and against abuse of rights.

If the exercise of the right can be seen as abuse of the right, the purpose of the exercise of the right is to give pain to the other party and to inflict damages on the other party.

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