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(영문) 창원지방법원 2017.01.06 2015가단84893
공유물분할
Text

1. The remaining amount of the land listed in the attached Table 1, which is put to an auction and deducted from the proceeds of auction;

Reasons

1. Basic facts

A. The Plaintiff and the Defendants share approximately KRW 21,510 square meters in the size of the instant land, as indicated in the attached Table 1 list (hereinafter “instant land”). Each Plaintiff 1,310/21,510, Defendant B5,00/21,510, Defendant C15,20/21,510, and 510 shares in share.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion and judgment

A. A. Around April 20, 1951, E-W, who owned the Plaintiff’s assertion, concluded a sales contract with H of Defendant C for 20,000 square meters, excluding the sum of 1,510 square meters (attached Form B), among the instant land, 510 square meters (attached Form A) and the sum of 1,510 square meters (attached Form B), for which the Plaintiff’s memorial G, etc. had a memorial grave, and completed the registration of each transfer to H of 15,200/21,510 shares, and to J of 5,00/21,510 shares.

(20,000 20,00/21,510 shares were transferred in total, but more than 20,200/21,510 shares were transferred in the process of the registration of transfer, and more than 1,310/21,510 shares were transferred in the process of the registration of transfer, and more than 1,310/21,510 shares were succeeded to K, and later the shares were transferred to Defendant C, a partner of K, due to a gift on June 2, 1997. The shares of J were transferred to Defendant B on June 12, 1995.

Meanwhile, the remaining 1,310/21,510 shares remaining after the sale as above are purchased on May 7, 1972 and completed the registration of share transfer on April 16, 1981.

As such, at the time of the sale on April 20, 1951, the transaction was conducted except for the parts A and B in the separate sheet. Since the part A and B in the separate sheet among the land in this case has been owned by the Plaintiff, this part in the registry should be owned solely by the Plaintiff, and the remaining part shall be divided into that owned by the Defendants.

B. Whether this case's land is a sectionally owned co-ownership.

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