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(영문) 대전지방법원천안지원 2017.05.24 2016가단111481

공유물분할

Text

1. Of the respective real property listed in the Schedule I:

(a) The real estate listed in Appendix 1 List No. 2 is owned by the Plaintiff A.

Reasons

1. Basic facts

A. Defendant E, F, network H, Plaintiff B, C, and D are siblingsed and have net I’s children.

Defendant E, F, network H, Plaintiff B, C, and D completed the registration of ownership transfer based on inheritance on August 8, 1979, as to each of the real estates listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) around 1980, and as to each of the individual lands, according to the sequence No. 1, 1/6 of their respective shares.

B. On June 10, 2011, Plaintiff A completed the registration of ownership transfer on November 24, 2009 with respect to H’s share in each of the instant lands on grounds of inheritance by consultation and division.

C. On April 16, 2015, Defendant F donated each of the shares of Defendant F among the land Nos. 1 and 3 of this case to Defendant G, and completed the registration of ownership transfer on April 22, 2015.

On November 16, 2015, Defendant G sold 1/6 of the shares in the instant land Nos. 1 and 3 to J, and completed the registration of ownership transfer on November 18, 2015.

On August 17, 2016, J's registration of transfer of ownership was cancelled on September 9, 2016 according to the final judgment.

At present, the land Nos. 1 and 3 of this case shares 1/6 of their respective shares, and the real estate No. 2 of this case shares 1/6 of their shares, respectively.

E. On the ground of the instant third land, Plaintiff B newly constructed a house of cement brick, brick, sloping roof, and completed registration of ownership preservation on February 20, 2014.

F. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing each of the instant land by the date of closing argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Plaintiffs, co-owners of each of the lands of this case, can file a claim against the Defendants, other co-owners, for partition of each of the lands of this case, pursuant to Article 269(1) of the Civil Act.

(b) Division of one method for partition of the article jointly owned shall be effected between co-owners;