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(영문) 대구지방법원서부지원 2017.04.12 2015가단20494
공유물분할
Text

1. Auction of each parcel of land indicated in the attached Form “Real Estate Indication” and deducts the auction cost from the proceeds of sale.

Reasons

1. Facts of recognition;

A. On January 5, 2015, N,O, Defendants C, Defendant C, Defendant D, Defendant E (P) and Defendant F completed the registration of ownership transfer on one seventh of each share.

B. In the real estate compulsory auction procedure (R in Daegu District Court Branch Branch of Seogu District Court), the Plaintiff was awarded a successful bid of 1/7 of the shares of O out of each land of this case, and paid the sale price on October 14, 2015, and acquired ownership.

C. On October 11, 1993, N died on October 11, 1993, Defendant G (Chnam), Defendant H (Chnam’s wife died on January 10, 2005), Defendant I (Chnam), Defendant J (Chnam), Defendant K (WW children who died on January 10, 201), Defendant L (WW children) and Defendant MW inherited each N’s property rights and obligations, as indicated in the “Indication of public land share.”

Each of the instant lands is classified into the area subject to the restriction on installation of discharge facilities under the Act on Special Measures for Designation and Management of Development Restriction Zones, and the area subject to the restriction on installation of discharge facilities under the Act on the Conservation of Water Quality and Aquatic Ecosystem, as farmland used as a field

【Defendant D, Defendant G, and Defendant L: In the absence of dispute, each entry of Gap evidence Nos. 1, 2, and 3 (including each number), each fact inquiry into the Seo-gu Metropolitan City Office, Seo-gu Metropolitan City Office, the Dong-gu Office, and the U-Myeon Office in Daegu-gun, based on which the facts are examined, the remainder of the pleadings as a whole, and the purport of the entire pleadings: confession (Article 150(3) and (1) of the Civil Procedure Act

2. Judgment on the claim for partition of co-owned property

A. According to the above facts of recognition, the Plaintiff and the Defendants shared each of the instant land. As long as an agreement on the method of partition of common property has not been reached between them, the Plaintiff may claim against the Defendants the partition of each of the instant land pursuant to Article 269(1) of the Civil Act.

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