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(영문) 청주지방법원 충주지원 2018.07.19 2017가단4211
공유물분할
Text

1. (Attached Form 1) The real estate listed in the list shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

Basic Facts

According to Gap evidence Nos. 1-1 through 3, the plaintiff and the defendants shared each share in the list (attached Form 2) with respect to each real estate listed in the list (hereinafter "the real estate of this case") (attached Form 1), and the plaintiff is recognized to have acquired that share due to the sale by voluntary auction on September 15, 2017.

As to whether the instant real estate constitutes a co-ownership relationship, the Plaintiff acquired shares of the instant real estate through a voluntary auction procedure. The Plaintiff asserted that the auction procedure conducted an appraisal based on the total shares of the instant real estate, not a co-ownership relationship under sectional ownership, and accordingly received a successful bid. Therefore, the instant real estate is not in a co-ownership relationship under sectional ownership.

(B) Defendant D, E, and F (hereinafter “Defendant D, etc.”) sold the instant real estate under the premise of sectional ownership ownership ownership ownership ownership at the time of the first sale of the instant real estate. Around November 21, 2005, Defendant D, E, and F (hereinafter “Defendant D, etc.”) prepared a certificate in order to clarify this at the time of the first sale of the instant real estate, and the instant real estate was assessed under the premise of sectional ownership ownership ownership at the time of receiving the loan. As such, Defendant D, E, and F (hereinafter “instant real estate”).

(A) According to the evidence Nos. 1, 3 through 8, 10, 11 (including a land number; hereinafter the same shall apply) and No. 1 of the same case, the real estate of this case was partitioned at the time of the first sale in lots and sold in lots by specifying the location and size of the building at the time of the first sale in lots, and accordingly, it was used and managed exclusively in a manner that the owner directly occupied, used, or leased to a third party. However, the registration of co-ownership share was completed in proportion to the size corresponding to the size for convenience.

(b).

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