공유물분할
1. With respect to the 1,2, 10, 11, 11, 5, 6, 7, 8, and 1 of the attached sheet 1, 2, 10, 11, 5, 6, 7, 8, 1 of the attached sheet 1, 2, 200
1. Facts of recognition;
A. The Defendant completed the registration of transfer of ownership on June 3, 1982 with respect to one-half portion of F. 167.3 square meters (hereinafter “instant land”) in Young-gu, Young-gu. The Defendant completed the registration of transfer of ownership based on sale on June 3, 1982.
B. The deceased A (hereinafter “the deceased”) completed the registration of ownership transfer on April 26, 2017 with respect to 1/2 shares of the instant land owned by G, which was based on the sale by voluntary auction.
C. Around June 12, 2017, the Deceased filed the instant lawsuit, and died on March 8, 2019, which was thereafter, and Plaintiff B, Plaintiff C, and D, the spouse, jointly inherited the deceased’s property.
Accordingly, Plaintiff B completed the registration of transfer of ownership on July 16, 2019 with respect to 3/14 shares in the instant land, and 2/14 shares in each of the instant land.
No agreement was reached between the plaintiffs and the defendant on the method of dividing the land of this case until the date of closing the argument of this case.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) Co-owners may claim the partition of co-owned property (the main sentence of Article 268(1) of the Civil Act), and if a consultation as to the method of partition has not been reached, a co-owner may claim the partition to the court (Article 269(1) of the Civil Act). According to the above acknowledged facts, the plaintiffs, co-owners of the land of this case, who are co-owners of the other co-owners, may file a claim for partition of the land of this case with the court against the other co-owners. 2) The defendant asserts that the co-ownership relation between the plaintiffs and the defendant is co
Even if the defendant, as alleged by the defendant, had a sectionally owned co-ownership relationship with G, the former owner of 1/2 shares out of the land of this case, the third party who acquired ownership through an auction in the sectionally owned co-ownership relationship.