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(영문) 광주지방법원 2016.12.27 2016가단12477
공유물분할
Text

1. Each real estate listed in the separate list of real estate shall be put to an auction and the proceeds of the auction shall be deducted;

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged by adding together the purpose of the entire pleadings to the entries in Gap evidence Nos. 1, 3, 4, and 2-1 to 3, and Eul evidence No. 1.

The Plaintiff and the Defendants currently own one-third share of each of the real estate listed in the current attached list of real estate (hereinafter “instant real estate”).

B. Of the instant real estate, the registration of the establishment of a mortgage, the registration of provisional seizure, the registration of entry into a seizure, etc. was completed as follows with respect to the shares of Defendant C, as follows.

(1) On February 15, 1996, the registration of the establishment of a neighboring mortgage (the maximum debt amount of Defendant B, 600,000,000 won) (2) on July 4, 1997 (the creditor D, claim amount of KRW 200,000,000) (3) on November 20, 1998 (the creditor D, claim amount of KRW 200,000,000) on the registration of seizure (the creditor, claim amount of KRW 4) on December 18, 200 (the delivery of the disposition office), the registration of seizure on September 12, 200 (the Seocho-gu Seoul Metropolitan Government), the registration of seizure (the creditor, Seocho-gu Seoul Metropolitan Government), the registration of seizure on July 4, 200 (7) on July 18, 2013 (the holder of the right of seizure) on the registration of seizure (the registration of seizure) on March 13, 2013).

C. On April 1, 2016, the provisional registration of the right to claim the transfer of ownership in the name of E was completed on November 8, 2016, respectively with respect to the Plaintiff’s share among the instant real estate, and the registration of the establishment of a neighboring mortgage company, Incheon Savings Bank, the maximum debt amount, KRW 754,00,000, and KRW 754,000.

The real estate in this case is unlawfully altered in form and quality, and Defendant B mainly uses and benefits therefrom.

E. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate, which is public property, until the closing date of the instant argument.

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants to divide the instant real estate, which is jointly owned.

B. Furthermore, as to the method of partition of the article jointly owned, health room;

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