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(영문) 서울북부지방법원 2017.11.28 2015가단139513
공유물분할
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of E was completed with respect to the portion of 30/221 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”). Of these, the registration of transfer of ownership in the name F on the same day on the grounds of the donation made on June 21, 2003, and the registration of transfer of ownership in the name F on the portion of 95/221 out of which the registration of transfer of ownership in the name of G was completed. Defendant C completed the registration of transfer of ownership on the portion of 95/221 square meters in the name of G on the grounds of the sale made on June 11, 2007.

Defendant B completed the registration of transfer of ownership in its name on December 27, 201 due to inheritance by agreement and division on July 2, 201 with respect to the share of 96 percent E-221.

B. On September 11, 2015, the Plaintiff received 30/221 of F’s 221 out of the instant land in the process of compulsory auction and completed the registration of transfer of ownership in its name on September 25, 2015.

As a result, among the instant land, the Plaintiff owned 30/221 shares, Defendant B owned 96/221 shares, and Defendant C owned 95/221 shares, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that the Defendants should purchase the Plaintiff’s shares among the instant land, but did not comply therewith, and that the Plaintiff should sell the instant land and distribute the price in proportion to their respective shares, as the agreement on the division of common property is not reached.

B. In the case of dividing the jointly-owned property through a trial, if it is impossible to divide the jointly-owned property in kind in kind or if it is apprehended that the value would be significantly reduced, the auction of the goods may be ordered to divide the price. Here, the requirement of "shall not be divided in kind" is not physically strict interpretation, but it is not physically strict interpretation. In light of the nature, location, area, utilization condition, and use value after the division, etc. of the jointly-owned property.

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