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(영문) 광주지방법원 2014.11.25 2014가단38963
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Claim for partition of co-owned property

A. The registration of ownership preservation has been completed in the name of K, L, M, and Defendant C (each share of 1/4) with respect to each real estate listed in the separate list of the facts of recognition (hereinafter “each of the instant real estate”) on February 7, 1995. The compulsory auction procedure was commenced on April 28, 2008 with respect to each of the instant real estate as the highest bidder on June 12, 2009, and the ownership transfer registration was completed in the above auction procedure under the name of Defendant B on June 29, 2009, with respect to each of the instant real estate under the name of Defendant B on June 31, 2009, between the Plaintiff and the heir on October 31, 2008, and between the Plaintiff and the heir on December 19, 2009, the remainder of the sale price of the Plaintiff on December 16, 2009 and the heir on June 19, 2009.

B. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may file a claim against the Defendants, who are other co-owners, for the partition of each real estate of this case, under Article 269(1) of the Civil Act.

2. The following circumstances are acknowledged to show the purport of the entire pleadings in each of the statements in the methods of dividing the jointly-owned property Gap Nos. 1 and 2, and each of the following circumstances are acknowledged. If the category of each of the instant real estate is the answer or the previous land and is divided in kind according to the shares of the plaintiff and the Defendants, the area to be acquired by the plaintiff and the Defendants after the division is too narrow.

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