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(영문) 대구지방법원 2016.06.21 2015가단20138
공유물분할
Text

1. The remaining amount after deducting the auction cost from the proceeds of sale by selling each real estate listed in the separate sheet;

Reasons

1. The occurrence of a claim for partition of the article jointly owned;

A. Each real estate listed in the separate sheet on the judgment on the Plaintiff’s claim shall be acknowledged by the purport of the entire statement and oral argument as follows: D’s completion of the registration of ownership transfer on the ground of sale and purchase as of February 10, 1966; D’s death on May 8, 2006; D’s husband E, F, Defendant B, Plaintiff, G, H, and Defendant C’s property heir; E’s death on December 1, 2013; E’s child, including the Plaintiff and the Defendants, made a consultation on the division of the deceased’s inherited property; the Plaintiff’s completion of the registration of ownership transfer on July 23, 2014; the Defendants did not agree on the prohibition of division of the jointly-owned property; and the fact that there was no agreement on the division of the jointly-owned property between the Plaintiff and the Defendants on the division of the jointly-owned property pursuant to the purport of the evidence Nos. 1, 2, 1, and 2.

Therefore, the Plaintiff may demand the Defendants, who are other co-owners, to divide the jointly owned property based on the co-ownership right.

B. Determination as to the Defendants’ assertion 1) although the Plaintiff asserted that the Plaintiff is a 4/6 equity right holder regarding each real estate listed in the separate sheet, the Plaintiff’s ownership was infringed and registered at will, and the Plaintiff’s ownership was merely 1/6. The Plaintiff’s claim in this case was filed even though the Plaintiff did not divide the Plaintiff’s ownership due to the maintenance of the attached sheet, the Plaintiff’s claim shall be dismissed. (2) In full view of the entries in the evidence No. 2 of the judgment and the overall purport of the pleadings, even though D died on May 8, 2006, but the husband was alive, and E did not register inheritance as the husband was alive, and E decided to register inheritance on December 1, 2013. The fact that the remaining siblings delegated the registration of inheritance to the Plaintiff who managed real estate listed in the separate sheet, while the Defendants delegated the registration of inheritance as to the remaining shares under the name of the Plaintiff, the Plaintiff consented to the registration of inheritance in the name of the Plaintiff.

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