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(영문) 광주지방법원 목포지원 2018.01.18 2016가단5816
공유물분할
Text

1. Defendant M and L are annexed to the Plaintiff, Defendant B, C, D, E, F, G, H, I, J, K, N,O, and P, Qu-gun Q268m2.

Reasons

1. Basic facts

A. On July 9, 1977, Q268 square meters (hereinafter “the instant real property”) in Q268 square meters in the previous, South-Nam-gun, Chungcheongnam-gun (hereinafter “the instant real property”) was originally owned by the network R, and the deceased on July 9, 197, his heir (Plaintiff, S, T, Defendant G, H, I, J, J, K, L, M, N, andO) completed the registration of ownership transfer due to the inheritance on July 9, 197, as stated in the separate sheet purchase shares (T means 11/308 shares, and S means 6/308 shares, and 66/308 shares,) in the separate sheet purchase shares on October 28, 2005.

B. On September 8, 2007, T donated 11/308 shares of the instant real estate to Defendant P, and Defendant P completed the registration of transfer of shares on October 17, 2007.

C. S died on April 8, 2012, and Defendant B, C, D, E, and F are their successors.

Defendant K, L, M, N, andO are the successors of U (M on March 27, 2002) who are children of the network R, and Defendant K has long been living in the building newly built in this case, and Defendant K has left the network R's will together with Defendant L, M.

E. The remaining Defendants except Defendant I, K, L, M, N, andO (hereinafter “Suss Defendants”) and the Plaintiff wished to sell the instant real estate at auction and distribute it in accordance with the share ratio of each co-owner (the Defendant J expressed his opinion that the Defendant L and M intended to purchase the defective goods at the market price based on the result of the market price appraisal at the seventh day for pleading). The Defendant L, M and M want to purchase the shares of the Plaintiff and the remaining Defendants, thereby failing to reach an agreement on the method of division.

F. Meanwhile, based on October 1, 2017, the market price of the instant real estate at KRW 188,244,000, as of October 1, 2017, near the date of closing the argument in the instant case.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 6-1 through 7, Evidence Nos. 1 through 1 and 2, the market price appraisal result of the appraiser Lee Won-won appraisal corporation, the purport of the whole pleadings

2. An agreement on the method of partition between the Plaintiff and the Defendants, a co-owner of the instant real estate, which created the right of partition.

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