공유물분할(대금분할)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The following facts do not conflict between the parties, or may be acknowledged by integrating the respective descriptions and the entire purport of the arguments in Gap 1-4:
Attached Form
Of the buildings listed in the list No. 1 (hereinafter “each building of this case”), 2/4 shares in E, 1/4 shares in E, 1/4 shares in D, 1/4 shares in each of Defendant B were registered as owned by each of Defendant B. However, on February 8, 2013, on the ground of donation on February 8, 2013 with respect to E’s 2/4 shares, the ownership transfer registration was completed on February 12, 2013, and on April 30, 2013, the ownership transfer registration was completed on May 6, 2013.
B. Of the land listed in the separate list No. 2 (hereinafter “instant land”), 1/4 shares in E, 1/4 shares in E, 1/4 shares in G, 4 shares in D, and 1/4 shares in D, respectively, were registered as owned by Defendant B. However, on February 8, 2013, on the ground that E’s 1/4 shares were donated on February 8, 2013, the ownership transfer registration was completed in Defendant C’s future on February 12, 2013, and the ownership transfer registration was completed on April 30, 2013 on the ground that D’s 1/4 shares were sold by compulsory auction on April 30, 2013.
As G died on November 12, 2010, on November 12, 2010, the registration of ownership transfer was completed on December 5, 2013 by reason of inheritance by consultation and division on November 12, 2010 in relation to G 1/4 shares, and the registration of ownership transfer was completed on December 11, 2013 with respect to H 1/4 shares on December 9, 2013.
C. As of the closing date of pleadings in the trial of the party, the Plaintiff and the Defendants share each of the instant real estate in their respective shares of the Plaintiff, Defendant B 1/4, and Defendant C2/4.
Although the Plaintiff suggested the Defendants to divide the amount of compensation in kind by the method of price compensation, the difference in the amount of compensation did not reach an agreement. The Defendants each of the instant cases according to their respective equity ratios.