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(영문) 울산지방법원 2020.07.14 2019가단112006
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet No. 1 which is put for auction and the auction cost is deducted from the price;

Reasons

1. Facts of recognition;

A. As of September 23, 2016, Defendant F Co., Ltd. (hereinafter “Defendant F”) sold part of the shares of H 1,130 square meters of forest land (hereinafter “land before division”) in Yangsan-si, and owned the land before division. As of September 23, 2016, the Plaintiff (827/327 of shares), Defendant B (628/3273 of shares), Defendant D (826/327 of shares), and Defendant F (92/32 of shares) shared the land before division.

B. Since then, on March 16, 2017, the land before the division was divided into each real estate listed in the separate sheet No. 1, and around June 20, 2017, the Plaintiff, Defendant D, Defendant B, and Defendant F drafted a letter of agreement (hereinafter “instant agreement”) on the location of the land (forest) with the purport that “after the division, Defendant D, 1,130 square meters of H forest land No. 1,130 square meters, the Plaintiff, and J forest No. 1,130 square meters, are owned by each Defendant F, and Defendant B, K forest land No. 1,371 square meters, and the remaining L forest No. 437 square meters, shall be jointly owned by the said four persons, but it is impossible for Defendant F to register partition of co-owned property due to the provisional attachment, seizure, etc. on Defendant F’s share.”

C. Since then, among the real estate listed in the attached Tables 1, 2, 3, and 4, the public sale procedure for Defendant F’s share was initiated with respect to Defendant F’s share in the real estate listed in the attached Tables 1, 2, 3, and 4 between May 2019 and September 2019, Defendant F’s share in the real estate listed in the attached Tables 1, 1, 1, 2, 2, and 3 were transferred to Defendant C, respectively.

As a result, the sharing relationship of the first four persons was changed as shown in the calculation table of shares ratio in attached Table 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5, and 7 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. In the so-called sectionally owned co-ownership relationship in which two or more persons agree to specify the location and area of one parcel at which the sectionally owned co-ownership relationship becomes extinct, and which is registered as co-ownership by the sectional owners, each co-owner of sectionally owned ownership has his right to another person.

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