(영문) 서울남부지방법원 2019.05.22 2018가단16144

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(영문) 서울남부지방법원 2019.05.22 2018가단16144

공유물분할

Text

1.(a)

The defendants are 88,385,812/842,227,360. Of the plaintiff's shares in each real estate listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children and heirs of net F (Death April 8, 2016) who owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) indicated in the separate sheet.

B. On June 20, 2016, the Plaintiff and the Defendants filed a lawsuit against the Defendants for the registration of ownership transfer based on legacy under the name of the Plaintiff and the Defendants on April 8, 2016, and the Plaintiff filed a lawsuit against the Defendants for the registration of ownership transfer based on legacy under the Seoul Southern District Court 2016Kahap106392, and Defendant B, C, and D filed a lawsuit against the Defendants for the registration of ownership transfer based on legacy, and Defendant E filed for the registration of ownership transfer based on shares with respect to 23,384,861/210,56,840 shares, and Defendant E filed for the registration of ownership transfer based on legacy on December 22, 2017. The judgment below became final and conclusive on February 24, 2018, and became final and conclusive on July 16, 2018, respectively.

C. As a result, each of the instant real estates owned by the Plaintiff 88,385,812/210,556,840, Defendant B, C, and D respectively 34,481,507/210,556,840, and Defendant E owns 18,726,507/210,556,840 shares.

[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 1, the purport of the whole pleadings

2. Party's assertion concerning the method of partition of article jointly owned;

A. Since the co-owners of the instant real estate did not reach an agreement on the division of co-owned property among the co-owners, they shall sell the property at auction and distribute the proceeds from sale at the share ratio.

B. The Defendant Defendants should divide the shares owned by the Plaintiff in kind by compensating for the value and acquiring them.

3. Determination

A. As long as an agreement on the method of dividing each of the instant real estate has not been reached between the Plaintiff and the Defendants as of the date of closing argument of the instant case, the Plaintiff may file a claim for partition of co-owned property against the Defendants.

B. Lawsuit of partition of co-owned property is formed as a litigation of formation of partition of co-owned property.

유사 판례

-대전지방법원천안지원 2016.06.22 2016가단101385

-광주지방법원목포지원 2020.04.01 2019가단54093

-대전지방법원 천안지원 2018.04.11 2017가단101160

-대전지방법원 천안지원 2018.05.16 2017가단106257

-창원지방법원진주지원 2016.06.10 2015가단5251