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(영문) 서울서부지방법원 2018.11.28 2017가단208433
공유물분할
Text

1. Of the real estate listed in the annex list:

(a)Paragraphs 1, 5, and 6 are owned by the Plaintiff, and paragraphs 2, 4, 7 through 12.

Reasons

1. Facts of recognition;

A. F, G, Defendant B, and C completed the registration of ownership transfer with respect to 1/4 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) on June 28, 1985, and each real estate listed in the separate sheet (hereinafter “instant real estate”).

On March 28, 2014, Defendant D, E due to the death of G, completed inheritance registration by agreement and division.

B. F was declared bankrupt on July 8, 2016, and F was subsequently completed the registration of ownership transfer on December 30, 2016 after purchasing it by the Plaintiff in the sale procedure for the instant portion of real estate in progress F.

C. Of the instant real estate, the real estate stipulated in paragraphs 2, 4, 9, and 10 of the said Article has a funeral ground for the Defendants, and the value of individual real estate is as indicated in the column for “value” in the attached list.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Reasons for Recognition] A without dispute, Gap evidence 1, Eul evidence 1 (including each number), or images, appraiser H's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff may file a claim against the Defendants for partition of the instant real estate pursuant to Article 269(1) of the Civil Act.

B. In full view of the location, utilization status, and value of individual real estate of this case as to the method of partition of co-owned property, the identity relationship between the Plaintiff or the Defendants, the ratio of shares of the Plaintiff and the Defendants, and the acquisition process thereof, etc., it is reasonable to divide the forest and field portion where the Defendants’ shipbuilding ground exists, and the real estate of Articles 2, 4, 7, and 12, 5, and 6, among the remaining real estate, into the Plaintiff’s co-ownership, and the real estate of Articles 1, 5, and 6, among the remaining real estate, into the auction and

3. In conclusion, this case’s real estate is divided in the above way.

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