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(영문) 의정부지방법원 2015.01.27 2013가단38107
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. The Plaintiff and Defendants owned co-ownership shares as to each real estate listed in the separate sheet in the separate sheet (hereinafter “instant land”), and the fact that there was no agreement between the Plaintiff and the Defendants as to the method of partition of the instant land, which is the jointly owned property, by the closing date of argument in the instant case, may be acknowledged by taking full account of the overall purport of the pleadings as stated in the evidence Nos. 1 and 2 (including each number).

2. In light of the following circumstances revealed in the pleading of the instant case, it is difficult to divide the instant land into kind. As such, it is reasonable to sell the instant land at auction, and distribute the remaining amount after deducting auction expenses from the proceeds thereof, at the respective shares of the Plaintiff and the Defendants.

On May 17, 1999, Defendant B’s share of the above land was registered as the provisional attachment claim for the transfer of shares by Nonparty F on May 17, 199. On June 8, 2002, the registration of the provisional attachment (the claim amount of KRW 10,911,584) was made by the Gyeonggi Mutual Savings Bank Co., Ltd. on June 8, 2002. If the division is made in kind, there is a problem that the above provisional registration and provisional attachment registration will continue to exist as the shares of Defendant B, even on each land divided in kind. 2) The remaining co-ownership right holders except Defendant B agree in principle to the division by auction.

B. In principle, both the Plaintiff, Defendant D, and Defendant C, who is the co-owned share of Gyeonggi-gu G and H land, agree to the auction division.

3. It is so decided as per Disposition in accordance with the conclusion of the judgment.

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