logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.06.19 2017가단57316
공유물분할
Text

1. The real estate listed in the annex 1 list shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the auction;

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B, D, E, and F

A. Indication of Claim: Claim for partition of the article jointly owned by the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”);

(b) Article 208(3)3 (a) of the Civil Procedure Act (a judgment by public notice to Defendant E) (a judgment by public notice) Article 208(3)2 of the Civil Procedure Act (a judgment by which confession is made against Defendant B, D, and F);

2. As to the Plaintiff’s claim against Defendant C, the Plaintiff and the Defendants shared the instant real estate in proportion to their respective co-ownership shares listed in the separate sheet No. 2, and the facts that the agreement on partition of co-owned property was not explicitly achieved between the Plaintiff and the Defendants do not conflict between the parties, and thus, the Plaintiff may claim a partition of co-owned property in accordance with Articles

On the other hand, in light of the following: (a) both the Plaintiff and the Defendant C agree to the method of payment by auction; (b) the Defendants, other than the Defendant C, have not been present at the date of pleading without submitting a written response despite being served with a duplicate of the complaint; or (c) the area of the instant real estate is inappropriate for the co-owners to divide the instant real estate in kind in consideration of the fact that the area of the instant real estate is not appropriate to divide the instant real estate by auction.

Therefore, it is so decided as per Disposition by ordering the plaintiff and the defendants to distribute the remaining amount after deducting the auction cost from the proceeds that the real estate of this case was put up for auction to the auction, to each corresponding share of shares.

arrow