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(영문) 의정부지방법원 2015.11.24 2015가단649
공유물분할(대금분할)
Text

1. The plaintiff shall sell the building listed in paragraph 2 of the attached list and deduct the auction cost from the price.

Reasons

1. Basic facts - The land listed in paragraph (1) of the attached Table 1 (hereinafter referred to as the “instant land”) was originally owned by the KBC Co., Ltd., and the buildings listed in Paragraph (2) of the same list (hereinafter referred to as the “instant building”) were originally owned by the Nonparty Company and the Defendants, in their respective shares of 1/6. However, the compulsory auction procedure was initiated regarding the instant land and the shares of Nonparty Company in the instant building, and the Plaintiffs acquired the shares of Nonparty Company A in the instant land and the instant building at the respective shares of 1/10 and 9/10 during the said compulsory auction procedure around December 23, 2014.

In other words, from December 23, 2014 to December 23, 2014, Plaintiff A acquired 1/10 of the instant land, and Plaintiff B owned 9/10 of the said land. The Defendants held 1/6 of the instant building as before, and Plaintiff A owned 1/60 of the said shares and Plaintiff B owned 9/60 of the said shares.

- As to the division of the instant building, which is jointly owned, there was no agreement between the Plaintiffs and the Defendants regarding the division.

- From December 23, 2014 to December 23, 2014, the rent rate of the instant land is KRW 193,000 per month.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, result of a request for appraisal of rent, purport of the whole pleadings

2. The assertion and judgment

A. As seen earlier, as to the part of the claim for partition of co-owned property, the plaintiffs and the defendants shared the building of this case, consultation on the method of partition was not constituted, and there was no assertion or proof as to the prohibition of partition agreement, the plaintiffs can file a claim for partition of the building of this case. Since the building of this case is impossible or considerably difficult, the building of this case shall be ordered to sell the building of this case pursuant to Article 260(2) of the Civil Act.

(2) The Defendants’ assertion against the Defendants are jointly owned as common facilities of “G” residents, a neighboring collective housing complex.

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