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(영문) 울산지방법원 2017.11.14 2017가단10328
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Basic facts

A. On June 2, 2012, the Plaintiffs and the Defendant, as the deceased E’s heir, completed the registration procedure for transfer of ownership of each share of the real estate listed in the separate sheet according to the E’s legacy (hereinafter “instant real estate”) in Ulsan District Court’s receipt on June 21, 2012 as the receipt of the order No. 65806, Jun. 21, 2012.

B. The Plaintiffs requested the Defendant to divide co-owned property of the instant real estate, but the Defendant did not comply with it, and no agreement was reached between the Plaintiffs and the Defendant as to the method of partition of co-owned property until the date of

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Co-owned property partition claim

A. According to the above facts of the judgment on the cause of the claim, the plaintiffs and the defendant share the real estate of this case, and since the plaintiffs and the defendant did not reach an agreement on the method of dividing the real estate of this case by the closing date of argument of this case, the plaintiffs can file a claim against the defendant for the division of the real

B. The Defendant asserts that the Defendant: (a) around May 29, 2012, immediately before the death of the deceased E, the Plaintiff: (b) withdrawn and consumed a lot of money from the passbook deposited in the name of E; and (c) consumed the money by receiving a donation from E; and (d) there is no special property at present; (b) the co-inheritors’s share of inheritance may be infringed if the co-inheritors’s share of inheritance is divided; and (c) thus, the Defendant

However, it is difficult to recognize the above assertion only by the evidence of the submission of the defendant, and even if the defendant's assertion is recognized, such circumstance alone is insufficient to refuse the plaintiffs' claim for partition of the jointly owned property. Therefore, the above argument by the defendant cannot be accepted.

3. Method of partition of the article jointly owned;

(a) By a judgment;

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