(영문) 인천지방법원 2020.07.01 2019나71038

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(영문) 인천지방법원 2020.07.01 2019나71038

공유물분할

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1. The judgment of the first instance court is modified upon the acceptance by this court and the modified claim as follows.

Incheon.

Reasons

1. Basic facts

A. At the time of June 17, 2019 when the Plaintiff filed the instant claim, the Plaintiff shared 1/7 shares, 4/7 shares for Defendant B, 1/7 shares for Defendant C, and 1/7 shares for Defendant D Company, respectively.

B. On September 24, 2019, when the first instance court was in progress, Defendant B completed the registration of transfer of ownership with respect to the one-seven share of the instant land to H by the acquiring intervenor H on September 24, 2019.

C. As of the date of closing argument of this case, the land in this case is owned by the Plaintiff as 1/7 shares, 3/7 shares, 1/7 shares in Defendant C, 1/7 shares in Defendant D Co., Ltd, and H as 1/7 shares in each case.

Until the date of closing the argument in this case, the agreement on partition of co-owned property as to the land in this case was not reached between the Plaintiff, the Defendants,

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the occurrence of the right to partition of co-owned property, the Plaintiff, the Defendants, and the acquiring Intervenor shared the instant land as of the date of closing of pleadings, and the fact that the agreement on partition of co-owned property as to the instant land was not concluded between the Plaintiff, the Defendants, and the acquiring Intervenor H. As such, the Plaintiff may file a claim against the Defendants and the acquiring Intervenor H for partition of the instant land, which is jointly owned pursuant to Article 269(1) of the Civil Act, as of the date of closing

B. In addition to the entries in Gap evidence Nos. 2 through 5, the method of partition of co-owned property: ① The land in this case is located in the F zone fishermen's living zone district unit planning zone, only the building-to-land ratio of district unit planning, floor area ratio, and building activity corresponding to the building. ②

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-민법 제269조 제1항

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