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(영문) 대전지방법원 2016.06.21 2016가단5617
공유물분할
Text

1. Attached Form;

1. The remaining amount after deducting the expenses for the auction from the proceeds of the auction attached to each real estate listed in the list; and

Reasons

1. Basic facts

A. Defendants and E, F-Attachment

1. On June 24, 1993, each of the real estates listed in the list (hereinafter “each of the instant real estates”) completed the registration of ownership transfer for each of the shares as indicated below on July 22, 1993 due to the donation from June 24, 1993.

Defendant B E F Defendant CF’s share ratio 3/11 2/11 2/11 2/11 2/11 2/11 2/11

B. Defendant D received 2/11 shares of each of the instant real estate from F on July 9, 2014 from F, and completed the registration of ownership transfer on the same day.

C. In the Daejeon District Court G Compulsory Auction case, which commenced upon the application of a limited liability company specialized in E-backed securitization with respect to each of the instant real estates, the Plaintiff was awarded a successful bid on January 27, 2016.

The agreement between the Plaintiff and the Defendants on the division of each of the instant real estate was not reached.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above fact of recognition, the Plaintiff and the Defendants shared each of the instant real estate, and it is recognized that there was no partition agreement among them up to now, and thus, the Plaintiff may file a claim against the Defendants for partition of co-owned property as to each of the instant real estate.

The partition of co-owned property by judgment may be ordered to be divided in kind, in principle, or in kind, as long as it is possible to make a reasonable partition according to the share of each co-owner, or if it is impossible to divide in kind or in kind, or if the value of the share might be significantly reduced, an auction may be ordered. In the payment, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the division, etc. (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). Each real estate of this case consists of a building and site thereof.

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