logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.05.01 2018가단52176
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling it to an auction to Ulsan-gun C, Ulsan-gun, and deducting the auction expenses from the proceeds.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant own each 1/2 shares of the real estate listed in the Disposition No. 1 (hereinafter “instant real estate”).

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the pertinent real estate jointly owned until the date of closing the argument in the instant case.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1-4, the purport of the whole pleadings

2. As the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant real estate, the Plaintiff, a co-owner, is entitled to claim the division against the Defendant, who is another co-owner. On the other hand, if the Plaintiff’s share, form, location, area, use value, etc. of the instant real estate were put on auction and deducted the auction cost from the price, it seems appropriate to divide the remaining amount into common property and distribute it to the Plaintiff and the Defendant respectively.

3. Accordingly, we accept the Plaintiff’s claim and decide as per Disposition.

arrow