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(영문) 울산지방법원 2020.05.15 2019가단113177
공유물분할
Text

1. The real estate listed in the table 1 and 2 annexed hereto shall be put to an auction and the proceeds therefrom shall be deducted from the auction.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet No. 1 list was originally owned by the network E, while E died on February 7, 2018, and the Plaintiff and the Defendants, who were their children, inherited at the ratio of 1/3.

B. On August 27, 2019, when the instant lawsuit was pending, the Defendant C purchased all the shares of each real estate listed in [Attachment 1] Nos. 1 and 2, due to a compulsory auction by F, and again, on September 6, 2019, the Intervenor who subscribed to the Defendant C (hereinafter “ Intervenor”) purchased all the F’s shares and completed the registration of ownership transfer on September 11, 2019.

C. Accordingly, each of the immovables Nos. 1 and 2 listed in the separate sheet Nos. 1 and 2 was jointly owned by the Plaintiff, Defendant B, and the Intervenor in proportion to 1/3 shares, and each of the immovables Nos. 3 and 4, respectively, by the Plaintiff and the Defendants in proportion to 1/3 shares.

The real estate listed in the order No. 1 of the attached Table 1 in the same list as the housing is constructed on the ground of the real estate.

E. The Plaintiff, Defendants, and intervenors did not have an agreement prohibiting partition of co-owned property as to each of the pertinent real estate listed in the separate sheet No. 1, but did not reach an agreement on the method of partition

[Ground of recognition] Facts without dispute, Gap 1 through 3, 8 through 11, each entry of Eul 1, and the purport of the whole pleadings

2. According to the facts acknowledged above, the plaintiff, the defendants, and the plaintiff, the defendant B and the intervenor as co-owners of each of the pertinent real estate listed in the separate sheet No. 1 did not reach agreement on the method of partition. Thus, the plaintiff may claim the division of each of the above real estate to the defendants and intervenors

3. In principle, partition of co-owned property by a judgment on the method of partition of co-owned property shall be made in kind as far as it is possible to make a rational partition according to the share of each co-owner, but if it is impossible to divide in kind or if it is apprehended that the value might be reduced remarkably if it is impossible to divide in kind or made in kind, an auction may be ordered to pay in installments.

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