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(영문) 서울중앙지방법원 2017.09.07 2016가단5309445
공유물분할
Text

1. The amount remaining after deducting the expenses for the auction from the price of the apartment as shown in the attached list from the auction;

Reasons

1. Basic facts

A. On September 6, 1994, the defendant and C (the husband of the defendant) completed the registration of ownership transfer by reason of sale on August 4, 1994 as to one half of the apartment units listed in the separate sheet.

B. Since then, the Seoul Central District Court D, E, and the compulsory auction procedure for real estate was in progress with respect to the above-mentioned 1/2 shares, and the registration of ownership transfer was completed on July 27, 2016 due to the sale due to the compulsory auction conducted on July 25, 2016.

(c) currently reconstruction project is underway with respect to the F apartment complex, including apartment complexes listed in the separate sheet;

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. We examine the appropriate method of division of the above apartment, taking into account the share ratio between the plaintiff and the defendant as acknowledged above, the reconstruction status of the above apartment, the intentions of the parties about the method of division, and all other circumstances revealed in the argument of this case, it seems difficult to guarantee the appropriate use and distribution of the above apartment as the method of in-kind division or value compensation.

3. In conclusion, it is decided as per Disposition by deciding to sell the above apartment at auction and distribute the remaining amount after deducting the auction cost from the price to the auction according to the share ratio of the plaintiff and the defendant.

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