beta
(영문) 창원지방법원통영지원 2020.06.10 2019가단2680

공유물분할

Text

1. Aboard (A) which connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1, among the area of 228 square meters in Doo-si D 228 square meters, in sequence.

Reasons

1. In fact, Nonparty E sold 63/228 shares out of the instant land to Nonparty F on April 10, 1985, as the owner of 228 square meters in macro-si D Special Metropolitan City (hereinafter “instant land”), and the said F completed the registration of ownership transfer on April 15, 1985.

In addition, on December 12, 1994, F sold the above shares to Nonparty G, and the above G completed the registration of ownership transfer on December 13, 1994.

In addition, G sold the above shares to H on January 28, 1997, and H completed the registration of ownership transfer on January 30, 1997.

Meanwhile, E donated 165/228 shares, which are the remainder of the instant land, to the Plaintiff on May 10, 2012, and the Plaintiff completed the registration of ownership transfer on May 14, 2012.

H died on June 7, 2007, and the report of renunciation of inheritance was accepted on June 14, 2007 by children I, thereby becoming a grandchild.

As of the date of closing argument of this case, the agreement on partition of co-owned property as to the land of this case was not reached.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 17 and Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim of this case

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, can file a partition of co-owned property against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. Division of the method of partition of co-owned property can be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the price can be reduced remarkably. The auction of the property can be ordered only when the value might be reduced remarkably.

Unless there are such circumstances as above, the court shall grant each co-owner the same.