logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.23 2018가단230693
공유물분할
Text

1. The real estate listed in the separate sheet (1) shall be put to an auction and the proceeds from the auction shall be deducted;

Reasons

1. Facts of recognition;

A. On June 4, 2018, the Plaintiff completed the registration of ownership transfer on the ground of “sale by voluntary auction on May 29, 2018,” with respect to the ratio of the Plaintiff’s share in the attached Form (2), among the real estate listed in the attached Form (1) (hereinafter “instant real estate”).

B. The Plaintiff and the Defendants are currently sharing equity right holders of the instant real estate in accordance with the ratio specified in the attached Table (2) as co-ownership right holders of the instant real estate, and there is no fact that they agreed to prohibit division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff may request the division of the instant real estate pursuant to Article 269(1) of the Civil Act.

B. In full view of the following circumstances as to the method of division: (a) the real estate of this case is partitioned into one commercial building, and the Plaintiff and the Defendants’ total share of 17 different co-ownership; and (b) the Defendants do not express any specific objection against the Plaintiff’s claim for the payment in installments, it is reasonable to divide the real estate of this case by means of auction.

3. In conclusion, the real estate of this case shall be sold at auction and the remaining amount after deducting the auction cost from the sale price shall be divided by distributing it to the plaintiff and the defendants at the ratio of shares listed in the separate sheet (2).

arrow