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(영문) 창원지방법원밀양지원 2016.04.26 2015가단238
공유물분할 및 임료
Text

1. The amount remaining after deducting the expenses for auction from the proceeds of the auction by selling each real estate listed in the separate sheet No. 1;

Reasons

The non-party J owned each real estate listed in the separate sheet (hereinafter “each real estate of this case”) and died on August 2, 1984. At the time of death, he/she was the spouse of the deceased K, C, D, A, and B with the deceased’s spouse.

On November 22, 2000, the deceased K died (at present, there was no registration due to inheritance) and the deceased L died on June 17, 2002. At the time of death, Defendant E, his children, Defendant F, G, and H were the spouse at the time of death.

On September 13, 2009, Defendant A donated 4/25 of the shares in each of the instant real estate to Defendant C, and completed the registration of ownership transfer on March 17, 2009.

On October 30, 2014, the Plaintiff acquired ownership of 18/225 of the shares of Defendant E, Defendant F, G, and H related to each of the instant real estate by winning a successful bid in the compulsory auction procedure for real estate auction.

On December 14, 2015, when the instant lawsuit was pending, Defendant C sold 8/25 out of the shares in each of the instant real estate to Defendant C’s assignee, and completed the registration of ownership transfer on the following day.

【In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 3 (including each number, hereinafter the same shall apply), Gap's evidence Nos. 6, 7, and 10, and the purport of the right to partition of co-owned property as a whole, the above fact-finding is established. The plaintiff, defendant, and defendant C's taking-over intervenor (hereinafter the "Co-owners of this case") share each of the real property of this case according to the share ratio as stated in the "final share" column in the annexed list Nos. 2.

Therefore, the Plaintiff may file a lawsuit against the Defendants, who are other co-owners, and the Intervenor taking over by Defendant C, in accordance with Article 269(1) of the Civil Act, to divide each of the instant real estate.

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