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(영문) 대구지방법원 김천지원 2017.01.12 2015가단32673
공유물분할
Text

1. The plaintiff shall submit the land listed in paragraph 1 of the Schedule to an auction and the remaining money which remains after deducting the auction cost from the price.

Reasons

1. Each of the lands listed in the separate sheet No. 1 (hereinafter referred to as “instant land 1 through 6”) was owned by K, but K died on September 9, 2001, and as to the instant land 1 through 3, on April 27, 2006, upon request of the NAF, the Defendant 5F, the wife of the deceased, and Defendant 1 B, 2C, 3D, 4D, 45, and the Plaintiff’s inheritance registration was completed in the future.

(1) The Defendants, from the land of this case, assigned the shares of Defendant 5 to the Plaintiff on October 29, 2012. The shares of Defendant 2 transferred to Defendant 6 G (trade) on January 31, 2012. The shares of Defendant 3 were transferred to Defendant 7H on October 22, 2012 (public sale).

On February 28, 2014, the maximum amount of 54 million won of the NongHyup Bank and the right to collateral security, which became Defendant 6, was established on the shares of Defendant 6.

(Co-security 3 shares of Defendant 5 out of the land of this case) was transferred to Defendant 8 I on April 24, 2007 (sale by compulsory auction) and Defendant 3’s share was also transferred to Defendant 8 on July 14, 201 (public sale).

On the other hand, on November 13, 2007, on the part of the Plaintiff and Defendant 1 through Defendant 4, a provisional disposition registration was entered as to the right to claim ownership transfer due to a partition of co-owned property by Defendant 8 (this Court 2007Kadan16462), and on January 26, 2012 as to the share of Defendant 2, a provisional attachment registration was entered as to which the claim amount by Defendant 6 was KRW 100 million.

(This Court 2012Kadan117). Of the instant land 3, Defendant 5’s share was transferred to Defendant J on July 19, 2007 (sale due to compulsory auction) and Defendant 2’s share was transferred to Defendant 6 on December 21, 201, and Defendant 3’s share was transferred to Defendant 9 on July 28, 201 (public auction).

On February 28, 2014, with respect to Defendant 6’s share, the said right to collateral security was established by the Nonghyup Bank.

(2) Of the land of this case 1, the separate appraisal in the land of this case is marked (2).

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