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(영문) 창원지방법원진주지원 2017.05.12 2016가단30643

공유물분할

Text

1. Each real estate listed in the separate sheet 1 listed above shall be put to an auction and the remainder after deducting the auction cost from each price;

Reasons

1. Facts of recognition;

A. The network N died on or around February 8, 2001. At the time of the death, there was Defendant H, I, K, L, M,O, and P, the wife of Defendant G, and Defendant H, K, K, L, M,O, and P. However, on December 1, 2006, each 3/17 shares of Defendant G, 2/17 shares of Defendant H, K, L, M, and P were registered due to each inheritance in the name of Defendant H, I, K, M, and P.

B. On August 4, 1981, the ownership transfer registration was made in the name of the network N, net Q, and network R with respect to each one-third portion of the respective real estate listed in [Attachment 1] No. 2, 3, 4, 5, and 6 on August 4, 1981. On April 22, 2008, the ownership transfer registration was made in the name of the Defendant G, 2/51 (=1/3 x 3/17) out of the 1/3 share of the network N on April 2, 2008. The ownership transfer registration was made in the name of the Defendant H, I, K, L, M,O, and P.

C. On March 3, 2010, Defendant J completed the registration of ownership transfer for reasons of sale by compulsory auction on January 18, 2010 with respect to 2/17 shares ofO among each real estate listed in [Attachment 1] Nos. 1 and 7, and 2/51 shares ofO among each real estate listed in [Attachment 2, 3, 4, 5, and 6].

On October 20, 2015, the Plaintiff completed the registration of ownership transfer due to a compulsory auction on October 14, 2015 with respect to P’s shares of 2/17 shares in each real estate listed in attached Tables 1 and 17 and 2/51 shares in each real estate listed in Tables 2, 3, 4, 5, and 6 of the same Schedule.

E. The deceased on September 10, 1991, and Defendant E, F, and the deceased on January 7, 2015 without children. The deceased on September 10, 1991.

F. The deceased Q died on August 11, 2014. At the time of the death, Defendant C and D, who was the wife, was the wife, Defendant C and C.

G. At present, the Plaintiff and the Defendants shared each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) according to the corresponding ratio as indicated in the separate sheet No. 2, and there was no agreement on the method of dividing each of the instant real estate between the Plaintiff and the Defendants.