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(영문) 대구고등법원 2019.11.22 2019나21850
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

1, 2 real estate listed in the list shall be put to an auction.

Reasons

Basic Facts

The Plaintiff is the owner of 2/3 shares among the land listed in the attached Table 1 List (hereinafter “instant land”) and 1/2 shares among the buildings listed in the attached Table 2 List (hereinafter “instant building”).

The Defendant is the owner of 1/3 of the instant land and 1/2 of the instant building.

The defendant married with D and had E, F, and C as a child under the chain.

The registration of ownership transfer with respect to 1/3 shares out of the land of this case was completed on May 27, 1987, by the Defendant, N, andO on the change of ownership and utilization status of the land of this case.

D) On May 14, 198, D completed the registration of ownership transfer with respect to 1/3 shares out of the instant land owned by N, and completed the registration of ownership transfer with respect to 1/3 shares out of the instant land owned by N on July 24, 191.

On October 26, 2001, Defendant and D completed registration of initial ownership relating to one-half shares of each of the instant buildings.

D The D died on March 22, 2005, and E completed the registration of ownership transfer due to inheritance by agreement and division on March 22, 2005, respectively, with respect to 2/3 shares out of the instant land owned by D on July 26, 2005 and 1/2 shares out of the instant building.

On July 10, 2015, the Defendant and E concluded a lease agreement with G Co., Ltd. (hereinafter “G”), jointly with the Defendant and E, setting the instant land and buildings to KRW 350,00,000 as lease deposit, monthly rent of KRW 12,50,000 until August 31, 2017, and thereafter KRW 13,50,000 as lease deposit, and the lease term from September 1, 2015 to August 31, 2020.

G With H on July 17, 2015, G entered into a sublease contract with H to the effect that G subleases the second floor of the instant building from September 1, 2015 to August 31, 2020 during the sublease period of 100,000,000, monthly rent of 4,000,000, and the sublease period.

E As between the Plaintiff on July 19, 2016 and the Plaintiff, E’s share of 2/3 of the instant land and 1/2 of the instant building in total KRW 3,650,00,000.

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