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(영문) 대구지방법원 2015.02.12 2014나7740
공유물분할
Text

1. At the request of an exchange change in the trial, each real estate listed in the separate sheet shall be put up for auction.

Reasons

1. Basic facts

A. The Plaintiff filed a payment order against D with the Seoul Central District Court 2012 tea19185. On April 4, 2012, the said court issued a payment order (hereinafter “instant payment order”) stating that “D shall pay 20% interest per annum for KRW 30,530,370 and KRW 24,042,634 from April 17, 2012 to the date of full payment, to the extent not exceeding KRW 180,00,000,000 to the Plaintiff.” The instant payment order was finalized on May 1, 2012.

B. As of June 11, 2013, the principal and interest of the claim against D in accordance with the instant payment order is KRW 35,727,430, and D is currently insolvent.

C. Meanwhile, the father of D died on June 8, 2009, and on June 7, 2009, the registration of ownership transfer was completed for inheritance reasons in proportion to the shares of Defendant C3/9, who is the spouse of F on June 7, 2013, and Defendant D, Defendant A, and Defendant B, each of whom was owned by F, on each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to whether the partition of co-owned property is available

A. A judgment on the cause of a claim may exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claim. Where the creditor's right to preserve and the debtor's right to exercise on behalf of the debtor is closely related and the creditor's right to exercise on behalf of the debtor is at the risk of not being able to obtain the complete satisfaction of his/her claim unless the creditor exercises his/her right by subrogation of the debtor's right, and it is necessary to ensure the effective implementation of his/her claim in subrogation of the debtor's right

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