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(영문) 수원지방법원 2017.04.14 2015가단137455

공유물분할

Text

1. The remaining amount of the real estate listed in the annexed Table 1 which is put to an auction and the auction cost is deducted from the price;

Reasons

1. Evidence No. 1 through A25, and the purport of the whole pleadings;

A. On June 10, 1971, after the death of AC with the descendants of AC, the Plaintiff, the Defendant, etc. completed the registration of ownership transfer as indicated in the separate sheet No. 1 (hereinafter “instant real estate”) on the real estate on the grounds of inheritance on June 10, 1971, as indicated in the joint owner’s list in the separate sheet No. 2 attached hereto. 17, 2005.

B. Each of the co-owner’s co-ownership shares of Plaintiff H, J, I, and K succeeds to one-fourth of the co-ownership shares of Plaintiff H, J, I, and K.

C. AE died on November 28, 2013, and died on November 28, 2013, and there was a child of AF who is a property inheritor, but AF renounced inheritance, and R, S, and T, who is a property heir next to AE, is a type of property heir.

On April 18, 2014, Defendant S and T renounced the inheritance of the AE’s property, and Defendant R inherited the property of the AE solely.

Plaintiff

G on September 16, 2014, the entire transfer registration for AG shares was completed on December 4, 2014 due to inheritance by agreement division.

E. X died on December 2, 2015, and there was Defendant Y, Z, AA, and AB (Real Estate AH) as property inheritor.

F. Of the instant real property, the right to collateral security was established for Defendant AE equity 756/17325, and the Defendant S equity 504/17325 and 504/17325 respectively were provisionally seized.

G. The shares of the plaintiffs and the defendants in the real estate of this case are as listed in the final shares list in the attached Table 2 list.

H. Although there was no partition prohibition agreement between the Plaintiffs and the Defendants on the instant real estate, there was no agreement on the division method of the instant real estate.

2. According to the above facts of recognition, the Plaintiffs, co-owners of the instant real estate, may file a claim against the Defendants, who are other co-owners, to divide the instant real estate jointly owned pursuant to Article 269(1) of the Civil Act.

As to the method of partition of co-owned property, the partition of co-owned property by trial shall be made in kind as far as a rational partition according to the shares of co-owners can be made.