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(영문) 대구지방법원 2015.09.08 2015가단5818
공유물분할
Text

1. The Defendant-Counterclaim Plaintiff’s share of 1/2 of the real estate indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

1. The plaintiff and the defendant came to know from July 2002 that they became aware of the facts of recognition.

On February 16, 2013, the Plaintiff and the Defendant concluded an apartment sales contract with the owner C on February 16, 2013, with the purchase price of KRW 155,000,00 (the contract amount of KRW 10 million, the intermediate payment of KRW 125,00,000,000, in lieu of the buyer’s succession to the obligation to return the lease deposit, the remainder of KRW 20,000,000, in lieu of the buyer’s succession to the obligation to return the lease deposit).

On February 26, 2013, the Plaintiff and the Defendant acquired the registration of ownership transfer on February 16, 2013 with respect to 1/2 shares of each of the instant apartment units, and lived together in the instant apartment units.

On August 26, 2013, the establishment registration of the apartment of this case was completed on the maximum debt amount of KRW 30 million, the debtor, the plaintiff, and the Daegu Bank, Daegu, Inc.

At present, the principal of the secured debt of the above-mortgage is KRW 25 million, and the interest on the loan is borne by the plaintiff.

The current market price of the apartment of this case is KRW 240 million.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 10, Eul evidence 1, and appraiser D's market price appraisal result.

A. The plaintiff and the defendant own 1/2 shares of the apartment of this case. Since it is not appropriate to divide the apartment of this case in kind, the apartment of this case is put up for auction and the proceeds are divided by half. The plaintiff shall pay 12,50,000 won to the plaintiff for the purpose of acquiring the apartment of this case.

B. Defendant 1’s primary claim and Defendant jointly live together with the Plaintiff, and the instant apartment in the name of co-ownership, but the Plaintiff’s monthly living expenses shall be 2.5 million won, and the Plaintiff bears KRW 20 million, and the Defendant purchased the instant apartment as collateral and purchase the remainder of KRW 25 million.

Therefore, the defendant is therefore the defendant.

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