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(영문) 대전지방법원 2015.02.11 2014가단27934
공유물분할
Text

1.(a)

The auction cost shall be deducted from the proceeds by selling 3710 square meters of forest land in Sejong Special Self-Governing City at auction.

Reasons

1. Facts of recognition;

A. On April 8, 2013, in Sejong Special Self-Governing City, the instant real estate was divided into the instant real estate on April 2, 2013, with the area of 4181 square meters in the Fforest and fields (hereinafter “real estate before subdivision”).

B. After completing the registration of ownership transfer on real estate before subdivision on November 22, 2012, Defendant B completed the registration of ownership transfer on December 5, 2012, Defendant B completed the registration of ownership transfer on the portion of 662/41 of the real estate before subdivision to the Plaintiff (Appointed Party) on December 5, 2012, and completed the registration of ownership transfer on the portion of 330/4181 to the Selection

C. On May 8, 2014, after being divided into the instant 1 and 2 real estate, Defendant B completed each registration for the transfer of ownership with respect to 801/41/4181 shares among the instant 1 and 2 real estate.

On August 6, 2014, after the filing of the instant lawsuit, Defendant B completed each registration for the transfer of ownership with respect to the share of 1194/4 of each of the instant one real estate to Defendant B D and E.

E. Ultimately, Defendant B owns 2388/41 shares as to the instant two real estate.

F. The Plaintiff (Appointed Party) and the appointed parties, the Defendants, the Intervenor D, and E, did not reach an agreement on the method of dividing the instant 1 and 2 real estate, which is public property, by the date of the closing of argument in the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since the Plaintiff (Appointed Party) and the designated parties, the Defendants, and the acceptance intervenors D and E shared the real estate of this case 1, 2, and the parties did not reach an agreement on the method of partition of the real estate of this case 1, 2, the Plaintiff (Appointed Party) and the appointed parties have the right to co-owned property partition claim against Defendants D and the acceptance intervenors based on their co-owned share.

B. Furthermore, as to the method of partition of co-owned property, health room Nos. 1, 2, 5-1, 2, and 5-2.

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