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(영문) 창원지방법원거창지원 2020.11.10 2019가단11659

공유물분할

Text

The Defendants receive the money indicated in the “price Compensation” column of the attached Table 2 from the Plaintiff’s succeeding Intervenor.

Reasons

Facts of recognition

A. The Plaintiff, V, and W shared each real estate listed in the separate sheet No. 1 (hereinafter “each land of this case”) at the ratio of Plaintiff 1/2’s shares, V, and W 1/4 shares. However, on February 27, 1981, V died and the Defendants inherited the shares of each land of this case in the separate sheet No. 2’s shares.

B. On December 16, 2019, the Plaintiff’s succeeding intervenor received the Plaintiff’s share of each of the instant lands from the Plaintiff, and completed the registration of share transfer on December 23, 2019 (the Plaintiff’s succeeding intervenor). On August 13, 2020, the Plaintiff purchased W’s share of each of the instant lands and completed the registration of share transfer on August 14, 2020.

Plaintiff

In this case, the Plaintiff’s succeeding intervenor withdrawn the lawsuit against W on August 25, 2020.

Accordingly, 3/4 of each land of this case was owned by the Plaintiff’s succeeding Intervenor, and the remainder was jointly owned by the Defendants at each share in the column of “share of each real estate” in the attached Table 2 attached hereto.

C. There are buildings owned by the plaintiff or the plaintiff succeeding intervenor constructed for the management of the farm. D.

The Plaintiff’s Intervenor and the Defendants did not reach an agreement on subdivision of the instant land, and there is no agreement on subdivision prohibition.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 and 12, and the purport of the whole pleading

A. According to the above facts acknowledged as above, the plaintiff succeeding intervenor, who is a co-owner of each of the lands of this case, may claim the partition of each of the lands of this case against the defendants, who are other co-owners, pursuant to Article 269(1) of the

B. As a lawsuit for partition of co-owned property, the method of partition is one litigation for formation, and it is said that the co-owned object is subject to private ownership by exchanging or selling shares among co-owners, and the co-owned relation as to the object is resolved.