logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.07.07 2015가단42792
공유물분할
Text

1. Each real estate listed in the separate sheet No. 1 shall be divided into Defendant B;

2. Defendant B shall pay to the Plaintiff KRW 78,344,421.

Reasons

1. The parties' assertion

A. Each real estate listed in the separate sheet No. 1 of the Plaintiff’s assertion (hereinafter “each real estate of this case”) is jointly owned by the Plaintiff and the Defendants according to their respective shares stated in the separate sheet No. 2 list. Thus, the Plaintiff and the Defendants did not reach an agreement as to partition of co-owned property, and each of the above real estate is difficult to divide in kind due to its nature.

B. Defendant B’s assertion that the instant real estate was acquired by Defendant B, and sought to divide the jointly owned property by compensating the Plaintiff and Defendant C for the value of their respective shares.

C. Of the real estate listed in paragraph (2) of the attached Table 1 List No. 2 of Defendant C’s assertion, the portion of the portion on board (A) connected with each point in sequence of each point is owned by Defendant C in the form of sectional ownership ownership. As to the share of 51.72/1166.31, as to the Plaintiff’s share of 107.34/1166.31, the registration of mutual title trust was made in the name of Defendant B, and the Plaintiff and Defendant B seek to cancel the registration of mutual title trust on the part (A) of the above portion on board due to the cancellation of mutual title trust on the date of service of the counter-claim.

2. Determination

A. In case where the rights of co-owners of each sectional ownership are sold to a third party through the auction procedure in the judgment of sectional ownership as to the claim for sectional ownership co-ownership of the defendant C, in order to succeed to the sectional ownership relation with the third party, the execution court shall not co-ownership but the specific sectional ownership property, set the minimum sale price and conduct an auction accordingly. Thus, the purchaser shall legally acquire co-ownership shares in all the objects of auction, unless it is proved that the co-ownership shares are treated as representing the sectional ownership relation for the specific portion of the objects of auction, and that the appraisal and the minimum sale price decision have been made and the auction has been conducted.

arrow