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(영문) 서울중앙지방법원 2015.01.23 2013가합86347
공유물분할
Text

1.(a)

Attached Form

Real estate stated in the list of real estate shall be put to an auction and the auction cost shall be deducted from the sale price.

Reasons

1. Basic facts

A. Defendant G is the wife of the deceased (hereinafter “the deceased”) and Defendant K, L, M, N, and network P are the children of the deceased.

Defendant H is the wife of the network P, Defendant I, and J are the children of the network P.

B. The instant land and buildings were owned by the deceased. After the death of the deceased, Defendant H, J, and I inherited the instant land and buildings, as Defendant G, K, L, M, N, and deceased, Defendant H, J, and I inherited the instant land and buildings.

C. As of the date of the closing of argument in the instant case as of the date of the closing of argument in the instant case, each registration of ownership transfer was completed in the name of the Plaintiff A with respect to shares 91/182 in the name of the Plaintiff, shares 21/182 in the name of Defendant G, shares 6/182 in the name of Defendant H, shares 6/182 in the name of Defendant H, and shares 4/182 in the name of Defendant K, L, L, M, and N, respectively.

As of the date of closing argument of this case, among the buildings of this case, the ownership transfer registration for each of the 56/910 shares in the name of the plaintiff A, 36.4/910 shares in the name of defendant B, C, D, E, and F, 84/910 shares in the name of defendant G, 24/910 shares in the name of defendant H, 16/910 shares in the name of defendant I and J, and 16/910 shares in the name of defendant K, defendant K, L, M, and N, respectively.

E. In the case of the claim for ownership transfer registration filed by Defendant G, L, M, and N against Defendant H, I, and J, the Seoul Central District Court 2007Gahap50439 decided Oct. 18, 2010, the conciliation was concluded between the said Defendants and Defendant K on October 18, 2010 that “Defendant H, I, and J waives their respective inheritance shares in respect of the instant land and buildings.”

F. The Plaintiff intended to divide the instant land and buildings, but did not reach an agreement on the method of division with the Defendants, who are the remaining co-owners, until the closing date of the instant argument.

[Ground of recognition] Each entry of Gap evidence 1, 2, and 8 (including paper numbers), and the purport of the whole pleading

2. The judgment of this Court

A. In the lawsuit claiming a partition of co-owned shares as to the instant land and building, the original co-owners transfer all or part of their shares to a third party.

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