logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2016.07.07 2016가단76
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the price by selling it to an auction with the area of 154 square meters which is not less than 154 square meters in the Changwon-si.

Reasons

1. Co-owned property partition claim

A. 1) The facts of recognition are as follows: (a) 154 square meters per 154 square meters per Masan-si, Changwon-si (hereinafter “instant real estate”).

(2) As to G (Death), H, Defendant B, C, D, and E on the ground of donation as of May 25, 1992 received as of May 25, 1992, the ownership transfer registration for shares was completed in the name of the Defendant A due to inheritance as of September 23, 2014 in the same court as of September 23, 2014. (2) On November 19, 2015, the Plaintiff purchased the said shares in the provisional auction procedure for the 1/6 shares owned by H in the instant real estate at the Changwon District Court for Masan Branch, the Changwon District Court for 1/6 shares among the instant real estate, and completed the registration of transfer on November 20, 2015.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 2, purport of the whole pleadings

B. 1) Determination on the Plaintiff’s claim for partition of co-owned property was based on the above facts. If the Plaintiff and the Defendants did not reach agreement on the division of the instant real property until the time when the complaint was served on the Defendants, the time when the complaint was served to the Defendants, barring special circumstances, the Plaintiff asserted that the Plaintiff’s claim constitutes abuse of rights and thus, constitutes an abuse of rights.

The exercise of rights can be seen as an abuse of rights.

arrow