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Reasons
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(영문) 울산지방법원 2014.12.26 2014가단17007
공유물분할
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1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) In around 2007, Busan District Court Decision 2007Gahap20771, etc., the Plaintiff filed a lawsuit against Nonparty B, etc. for payment of indemnity, etc. as Busan District Court 2007Gahap20771.

(2) On February 18, 2009, Busan District Court sentenced that "B, etc. shall pay to the Plaintiff 297,872,368 won and 32,190,000 won among them, from September 15, 2007, from September 18, 2007, from September 21, 2007, from September 24, 18, 2007, from September 24, 182, and from February 14, 2008, from September 19, 2007 to February 14, 2008, the above judgment became final and conclusive."

(3) The remainder of the principal and interest of claims based on the above judgment is equivalent to “401,494,196 won and 180,345,279 won, which are calculated at the rate of 20% per annum from January 1, 2011 to the date of full payment.” (1) The Plaintiff filed a lawsuit against Ulsan District Court around 2008 against B, etc. for the payment of indemnity amount (the foregoing Court Decision 2008Da113748) (2) on January 13, 2009, Ulsan District Court sentenced “B, etc. to the Plaintiff at the rate of 18,468,490 won and 180% per annum from October 10 to December 10, 208; and (3) the remaining interest and interest were paid at the rate of 15% per annum from the following day to the date of full payment; and (4) the remaining interest and interest were paid at the rate of 105% per annum from the above 19% per annum.20 to the above.

C. Co-ownership, etc. of the apartment of this case (1) The defendant is the spouse B.

(2) On July 11, 2006, the Defendant and B acquired 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “the apartment of this case”) and shared them.

(3) The apartment of this case is being used as the residence of Defendant and B.

On June 2013, the Plaintiff rendered the above decisions to Ulsan District Court C as the executive title and owned the shares of the instant housing.

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