logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.10.06 2014가단33778
공유물분할
Text

1. The real estate listed in the attached list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party), Inc., Ltd., I, J, and the Defendants owned each real estate listed in the separate sheet (hereinafter “instant real estate”) according to the ratio indicated in the separate sheet of shares in the separate sheet of shares.

(However, the defendant 2 to 8 did not complete the registration of inheritance as the heir of K of the registered titleholder.

Even until the closing date of the argument in this case, there is no agreement on the method of dividing the pertinent real estate, which is jointly owned by the Plaintiff (Appointed Party).

[Ground of recognition] The Plaintiff and Defendant A had the purport of the body prior to the filing and pleading of the evidence Nos. 1 through 5 (see, e.g., Article 208(3)3 of the Civil Procedure Act) between the Plaintiff and Defendant B, G, and H, by publication (see, e.g., Article 208(3)3 of the Civil Procedure Act) and the remaining Defendants

2. According to the above facts of recognition, since there was no agreement on the method of dividing the real estate of this case between the Plaintiff (Appointed Party Co., Ltd.), the designated parties I, J and the Defendants, the Plaintiff (Appointed Party Co., Ltd.) may file a lawsuit of this case against the Defendants, who are other co-owners. Each of the real estate of this case is land and its ground and its economic value is difficult to divide them equally, and if divided to the number of owners, it can be acknowledged that the real estate of this case would significantly fall short of the utility of the real estate. Thus, it shall be determined to divide the remaining amount from the proceeds of the auction without dividing the real estate in kind, and to divide the amount calculated by deducting the auction expenses from the proceeds of the auction to the auction of this case to the Plaintiff (Appointed Party Co., Ltd.), the designated parties, I, J and the Defendants in the share ratio

3. If so, it is so decided as per Disposition by the assent of all participating parties to accept the claim of this case by the plaintiff (appointed parties).

arrow