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(영문) 수원지방법원 성남지원 2017.01.11 2015가단218227
공유물분할
Text

1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;

Reasons

In full view of the evidence Nos. 1 and 2 as a whole, AC, AD, E, E, AE, Defendant B, and E, among the real estate listed in the separate sheet (hereinafter “instant real estate”) on February 20, 1978, completed the registration of ownership transfer for each 1/6 share due to sale and purchase; on August 28, 2008, AG with respect to AF share due to inheritance by consultation division; on July 29, 201, the ownership transfer registration was completed for AC share due to inheritance by consultation division; on June 16, 2015, the Plaintiff completed a compulsory auction on AG share; on June 16, 2015, the Plaintiff may request the Plaintiff and the Defendants, a co-owner of the instant real estate, to recognize that the Defendants, a co-owner of the instant real estate, completed the registration of ownership transfer due to compulsory sale due to compulsory sale; on the other hand, according to the fact that the Plaintiff and the Defendants, the co-owner of the instant real estate, the instant real estate, constituted the agreement.

As to the method of partition of co-owned property, the following circumstances, which are acknowledged by comprehensively taking account of the following facts, such as the evidence mentioned above, Eul evidence Nos. 3 through Eul evidence No. 6, and the purport of the entire pleadings, namely, the plaintiff filed the lawsuit of this case at one time as stated in the purport of the claim, but only did not submit any materials as to the necessity of partition in kind as alleged in the claim. In light of the current status and use of the real estate of this case, and the defendant assistant intervenor asserted that the real owner of the real estate of this case is the real owner of the real estate of this case, and that the auction division is made, the real estate of this case was put up for auction and the auction division was made under a title trust with its members.

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