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(영문) 대구지방법원 2018.06.01 2017가단19057
사용료
Text

1. The Defendant (Appointed Party) and the Defendants jointly share the real estate indicated in the separate sheet from March 4, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The net F is a person who was the owner of approximately 51/54 square meters of 178 square meters in Gyeong-si G, Busan-si, and of approximately 74.29 square meters in 174 square meters in 178 square meters in Gyeong-si, and of approximately 1.5 square meters in 175 square meters (hereinafter “the instant building”).

The building of this case is unregistered.

On March 8, 2002, the deceased died, and the deceased’s heir had I, J, K, Defendant (Appointed Party) B, Defendant C, D, and E.

(hereinafter referred to as “the designated parties, the designated parties, and the Defendants,” respectively. (B)

On March 6, 2017, the Plaintiff completed the registration of ownership transfer on March 2, 2017 with respect to K’s shares (153/810 shares of G land, 3/15 shares of H land) by the selector for each of the instant lands on March 6, 2017.

(hereinafter referred to as “each of the instant lands”) C.

In the compulsory auction procedure for each share of each land of this case, the market price of each share of each land of this case was appraised as KRW 20,980,740 in total as of July 5, 2016.

[Based on the recognition] Defendant (Appointed Party), Defendant C, and D: A without dispute; Gap evidence Nos. 1, 2, and 3 (including provisional numbers); the purport of the entire pleadings; Article 150(1) and (3) (i) of the Civil Procedure Act (i.e., the host of confession)

2. Determination of detailed methods for co-owners' use and profit-making of the jointly-owned property shall be made as matters concerning the management of the jointly-owned property by a majority of co-owners' shares, and a majority of co-owners did not have agreed with the co-owners about the method of

A majority of co-owners of share can exclusively decide matters concerning the management of the co-owned property, so the method of management of the co-owned property can exclusively use and benefit from one part of the co-owned property.

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