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(영문) 춘천지방법원 강릉지원 2018.07.24 2018가단30999
청구이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Although the judgment stated in the purport of the claim that each of the real estate listed in the separate sheet jointly owned by the plaintiffs and the defendant should be put to an auction and distributed the proceeds of sale was confirmed, since both the plaintiffs and the defendant agreed to transfer their shares to the plaintiff F, compulsory execution based on the above judgment shall be

2. As a lawsuit for judgment on partition, a court may divide it in a reasonable manner according to its own discretion. The co-ownership relation becomes final and conclusive, and the relationship between co-owners is altered as stated in the order of the judgment on partition of co-owned property (see Supreme Court Decision 2017Da232105, Sept. 21, 2017). In light of such legal principles, the co-ownership relation with each real estate listed in the separate sheet becomes extinct at the same time as the judgment on the purport of claim becomes final and conclusive, and the plaintiffs and the defendant have only the right to receive distribution according to their share ratio, after deducting expenses from the auction proceeds of each real estate listed in the separate sheet. Accordingly, even if the plaintiffs and the defendant agreed on the disposal of each real estate listed in the separate sheet, it cannot be deemed that there was a ground to exclude the executory power of final and conclusive judgment

3. According to the conclusion, the plaintiffs' claims are dismissed on the grounds that they are without merit, and the burden of litigation costs is decided as per Disposition by applying Article 98 of the Civil Procedure Act.

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