공유물분할 등 청구의소
1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
1. Facts of recognition;
A. D On February 10, 2015, as his spouse, died with the Plaintiff, Defendants, and F.
B. On March 17, 2015, the Plaintiff and the Defendants: (a) each 1/3 share of the real estate indicated in the order that was owned by the network D (hereinafter “instant real estate”);
2.10. He shall complete the registration of ownership transfer based on inheritance by a division of agreement.
C. The instant real estate is a sectional ownership of an aggregate building, and it cannot be divided in kind between the Plaintiff and the Defendants. The Plaintiff and the Defendants lack financial resources to purchase the other party’s shares among the said real estate.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, and the purport of the whole pleading
2. On the claim for partition of co-owned property against the defendants
A. The Defendants’ judgment as to the main defense against the Defendant’s main defense was concluded with the Plaintiff to sell and purchase the instant real estate preferentially and agreed on the method of partition of co-owned property, and thus, the part of the instant lawsuit as to the claim for partition of co-owned property in this case
However, even if the Plaintiff and the Defendants agreed on the partition of co-owned property in excess of the inherited property division pursuant to the evidence No. 3, the evidence submitted by the Plaintiff alone cannot be deemed to have agreed on the amount of money sold to the Plaintiff and the Defendants. Thus, the Plaintiff cannot execute the partition of co-owned property in accordance with the above agreement.
Therefore, the part of the lawsuit in this case cannot be seen as having no interest in the protection of rights. Therefore, the defendants' defense is without merit.
B. As seen earlier, the agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate cannot be deemed to have been reached, and the said real estate shall not be divided in kind, and the Plaintiff and the Defendants shall purchase the other party’s shares among the said real estate.