logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2019.06.26 2017가단111442
공유물분할
Text

1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is 358 square meters away from the Busan Northern-gu N.

Reasons

1. Facts of recognition;

A. At the time of filing the instant lawsuit, the Plaintiff shared 275/446 shares, Defendant B, and C, each of which was 49.675/46 shares, and Defendant D’s share 71.65/46 shares.

B. During the process of the instant lawsuit, Defendant B and C completed the registration of ownership transfer in accordance with the attached Form to the remaining intervenors except J on May 25, 2018 due to the gift made before May 24, 2018 as to a part (14.622/446 shares) of their share in the instant real estate.

C. In addition, with respect to the shares of 1.382/466 out of their own shares with respect to the instant real estate, Defendant B and C completed the registration of the right to claim the transfer of ownership on May 25, 2018 on the ground of their trade reservation made on May 24, 2018 with respect to P 3.948/466 shares, respectively.

Defendant B and C completed the registration of ownership transfer on July 12, 2018 due to the donation from July 10, 2018, with respect to the portion of 1.356/466 out of the instant real estate to the acquiring intervenor J.

E. From July 3, 2006 to September 17, 2015, as to Defendant D’s share out of the instant real estate, the total of five collateral security was established between July 3, 2006 and September 17, 2015.

F. The instant real estate is in the asphalt package, and is used as a road for neighboring apartment and commercial residents.

G. There was no separate agreement between the Plaintiff, the Defendants, and the Intervenor regarding the instant real estate, and there was no agreement on the method of partition so far.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 7, or the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the plaintiff, the defendants, and the acquiring intervenors share the real estate of this case in proportion to the co-ownership shares, and the plaintiff, the defendants, and the acquiring intervenors share the division method of the real estate of this case.

arrow