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(영문) 제주지방법원 2018.02.27 2016가단61107

공유물분할

Text

1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. Basic facts

A. On August 31, 1981, the registration of ownership transfer was completed in the name of the deceased J (hereinafter “the deceased”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”).

B. On June 30, 1981, the Plaintiffs and the Defendants, the inheritor of the Deceased, completed the registration of ownership transfer on November 24, 2016 with respect to each of the pertinent shares indicated below out of the instant real estate by inheritance.

Co., Ltd. A15/90 Plaintiff B 9/90 Plaintiff C6/90 Plaintiff D 10/90 Plaintiff E 10/90 Plaintiff F 10/90 Plaintiff G 10/90 Defendant G 10/90 Defendant H 10/90 Defendant I 10/90

C. The Plaintiffs and the Defendants did not have an agreement prohibiting the division of the instant real estate, and no agreement was reached regarding the method of division of the instant real estate until the closing date of the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Co-owned property partition claim

A. According to the above facts, the plaintiffs, co-owners of the real estate of this case, may file a claim for the division of the real estate of this case against the defendants, who are the remaining co-owners pursuant to Article 268 (1) of the Civil Code. 2) Meanwhile, the plaintiffs asserts that the real estate listed in paragraph (2) of the attached Table, as well as the real estate of this case, should be sold to the plaintiffs and the defendants in proportion to their co-ownership shares.

In this regard, there is no evidence to prove that the plaintiffs and the defendants shared the real estate stated in the separate sheet No. 2. Thus, the real estate stated in the separate sheet No. 2 cannot be the object of the partition of co-owned property. Thus, this part of the plaintiffs' assertion cannot be accepted.

B. The Defendants’ assertion as to the Defendants is the deceased’s de facto spouse and the Defendant’s mother-friendly K purchased. The Defendants’ assertion is against the deceased.