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(영문) 대구지방법원 2018.03.22 2015가단127855

공유물분할

Text

1. Of the 15,20,20,21,29,10,10,11,12,13,14, and 15 of the annexed drawings among the 1,140 square meters in Daegu Northern-gu, Daegu-gu, Daegu-gu, the points in order.

Reasons

1. Facts of recognition;

A. On February 14, 1978, the land of this case was jointly owned with L, M, and N on February 14, 1978, and the ownership transfer registration was completed.

B. On May 27, 199, Defendant B transferred the share transfer on the ground of inheritance by agreement division as to 1/3 of the share of the above L out of the land of this case.

C. On June 23, 2010, the Plaintiff registered the share transfer for sale due to compulsory auction as to 1/3 of the shares of the above M among the land of this case. D.

On December 19, 1979, the above N died, and around January 25, 1998, the N died.

Accordingly, the inheritance shares of Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, and Defendant J are as shown in the attached inheritance shares.

E. There is no agreement between the Plaintiff and the Defendants on the prohibition of partition of co-owned property as to the instant land.

[Ground of recognition] Facts without dispute, entry of evidence A1 through 6, fact inquiry result of each fact inquiry by this court, purport of whole pleadings

2. Determination

A. According to the above facts acknowledged, the plaintiff, as co-owner of the land of this case, may file a partition claim against the defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and the agreement on the method of partition was not reached. Thus, the plaintiff may file a partition claim with the court pursuant to Article 269(1) of the

B. In full view of the current state and form of the land of this case, the developments leading up to acquiring the shares of the land of this case and the opinions on the division method between the plaintiff and the defendant, it is reasonable to divide the land of this case in kind as prescribed in paragraph (1) of this Article.

3. Therefore, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.