logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.11.13 2015가단11402
공유물분할
Text

1. The remaining amount after deducting the auction cost from the proceeds of the sale of the real estate listed in the separate sheet sold to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the real estate indicated in the attached Form (hereinafter “instant housing”).

(3/11 of the Plaintiff’s shares, and 2/11 of the Defendants’ shares, respectively.

There is no division consultation between the Plaintiff and the Defendants on the instant housing.

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings

2. Claim for partition of co-owned property, method of partition;

A. The Plaintiff and the Defendants shared the instant housing. As the Plaintiff and the Defendants did not reach an agreement on the method of division, the Plaintiff may file a claim against the Defendants for the division of the instant housing.

B. In full view of the fact that the instant housing was difficult to divide in kind, and that it is an apartment for one household, and that Defendant B, C, and E did not raise any objection to the Plaintiff’s assertion of auction division, and Defendant D was in an unknown state, it is difficult or difficult to divide in kind between the Plaintiff and the Defendants. Therefore, it is reasonable to divide in kind the instant housing into money.

3. It is so decided as per Disposition that the house of this case should be put to an auction and the proceeds of the sale should be distributed in proportion to the shares of the plaintiff and the defendants, but the costs of the lawsuit shall be borne individually by each party.

arrow