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(영문) 대전지방법원홍성지원 2019.11.13 2018가단510

공유물분할

Text

1. On board a ship which connects each point of the attached Form 1, 25, 26, 23, 24, and 1 among the Y-si 2838§³.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants own each share in the attached Table 2, in Bosi-si Yan 2838 square meters (hereinafter “instant land”).

On December 2017, the Plaintiff acquired Z's shares by compulsory auction.

(The successful bidder's price of KRW 17,755,00). (b)

The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

C. On the land of this case, there are 11 bonds whose area is the same (registered building) and each of the above houses is divided into two houses so that two households can reside independently. The 4 bonds out of 11 bonds are owned by a third party, not co-owners of the land of this case. All of them are the defendants' families.

AA among the owners of housing is a parent of the Z.

A's housing owned by A is within the part (b) of the ship connected in sequence 1, 25, 26, 23, 24, and 1 of the attached Form 3 among the land in this case.

【Based on Recognition, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 2, 4, Eul’s evidence Nos. 5-1 through 11, Eul’s evidence Nos. 13 and 15, and the result of a request for measurement and appraisal by the Director of the Korea National Land Information Corporation and Security Agency of this Court, the purport of the whole pleadings

2. The plaintiff asserts that the auction is divided.

As to this, the Defendants: (i) since the instant land is in the co-ownership relationship between co-owners, the Plaintiff divided the portion owned by the Plaintiff into sectional ownership and completed the registration of transfer of shares; and (ii) even if it is not in the sectional ownership relationship, the Plaintiff divided the area according to the Plaintiff’s share in kind and owned the remainder by the Defendants, and is adequate to share the same

3. Determination

A. An agreement is made to specify the location and area of one parcel of land as to whether the sectional ownership exists, and to divide ownership by two or more persons, and the so-called sectional ownership ownership relationship is registered as the co-ownership of the sectional owner.