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(영문) 의정부지방법원 2014.11.27 2012가단153276

공유물분할

Text

1. The plaintiff shall sell X 4,418 square meters in Namyang-si, Namyang-si to auction and deduct the auction cost from the price.

Reasons

1. Facts of recognition;

A. On December 30, 1978, Y, Z, AA, AB, and AC completed the registration of ownership transfer with respect to each of 1/5 shares of X-4,418 square meters (hereinafter “instant land”).

B. Since then, the shares of the above AA 1/5 on the instant land were transferred to AD on August 13, 2009 on the ground of testamentary gift dated January 7, 2009, and the Plaintiff purchased shares of the above AD on October 4, 201 and completed the registration of ownership transfer on October 13, 201.

C. Meanwhile, according to the death of the Y, Z, AB, and AC, the shares of the Defendant F, G, H, H, I, and J, the shares of the Z, Defendant K, L, M, N,O, T, Defendant AE, P, Q, Q, R, S, U,V, and W inherited the shares of the AC according to their respective inheritance shares. As the Defendant E dies on March 2, 2014, the shares of the above shares were inherited by inheritance in accordance with their inheritance shares, and the Plaintiff and the Defendants shared the land of this case in proportion to their shares of “public land” in the attached Form “co-owner and indication.”

However, no agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant land in kind until the closing date of the argument in this case. The instant land mainly consists of podry field, and a third party installed a container on the ground.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. As above, since the Plaintiff and the Defendants sharing the instant land did not reach an agreement on the method of subdivision, the Plaintiff, as the Plaintiff, may file a claim for the partition of the instant land with the court.

B. As to the specific method of partition, the partition of co-owned property by trial shall be based on the method of spot partition, or even if it is impossible to divide in kind or in kind or if it is possible in form, if the price might be reduced remarkably due to it.