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(영문) 서울동부지방법원 2014.12.16 2013가단100799
공유물분할 및 불법행위로 인한 손해배상
Text

1.(a)

Attached Form

The amount remaining after deducting the auction cost from the proceeds of the sale of one real estate entered in the list for auction.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 3, entry of evidence Nos. 1 and 2, and purport of the whole pleadings);

A. On September 13, 2004, the registration of preservation of ownership in the name of Defendant Cho Young-gu Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was completed on September 13, 2004 with respect to the title of title No. 201 (hereinafter “Real Estate No. 1 of this case”) against the title of title of the second floor of the Heung-gu Heung-gu Heung-gu Heung-si Housing Co., Ltd. (hereinafter “Defendant Co.”), and on November 6, 2004, the provisional registration of the right to claim ownership transfer in the name of I, J, and K was completed.

After that, on November 15, 2004, the decision to commence compulsory sale of the instant real estate No. 1 was registered and the auction procedure was in progress on November 15, 2004 upon the creditor L’s request. Based on the above provisional registration, the registration of partial transfer of ownership in the name of J was completed on May 14, 2007 with respect to each of the instant 1/3 shares among the instant 1/3 shares on the ground of sale on May 11, 2007, and the decision to commence compulsory sale of the instant 1/3 shares was corrected as the decision to commence compulsory sale of the Defendant Company’s 1/3 shares, and the registration of ownership transfer was completed in the name of the Plaintiff A on July 18, 2008 due to the sale by compulsory sale on July 16, 2008.

B. On September 13, 2004, the registration of preservation of ownership in the name of the defendant company was completed on September 13, 2004 with respect to the title relationship with respect to the third floor No. 301 of the Heung-gu Heung-gu Heungdong Housing (hereinafter “the second real estate of this case”) and the provisional registration of the right to claim the transfer of ownership in the name I, J, and K was completed on November 6, 2004 on the ground of the pre-sale agreement as of November 5, 2004.

After that, while a decision to commence compulsory sale of real estate No. 2 of this case was registered on November 15, 2004 upon a creditor L's application and the auction procedure was in progress, the registration of partial transfer of ownership in the name of J was completed on May 14, 2007 with respect to shares of 1/3 of the instant real estate No. 2 of this case on the basis of the above provisional registration on May 11, 2007, and the second real estate No. 2 of this case.

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