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Reasons
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(영문) 서울동부지방법원 2018.08.24 2016가합108883
공유물분할
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1. The real estate listed in the Appendix 1, as shown in the Appendix 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 2, in sequence.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A is Nonparty A’s children, and Plaintiff B, C, and D are Plaintiff A’s children. 2) Defendant E and F are Nonparty H’s children, who are the deceased G’s children.

B. As to the instant land, on September 2, 198, the Plaintiff completed the registration of ownership transfer as to the instant land’s share of 50/100, 40/100, and 10/100 by Plaintiff A. (2) On March 23, 1990, Plaintiff A purchased 10/100 of the instant land from the said I and completed the registration of ownership transfer on May 25, 1990.

3) On April 30, 2007, Plaintiff A donated 30/100 of the instant land from G and filed a share transfer registration on May 15, 2007. Defendant E and F received 10/100 of the instant land from G and filed a share transfer registration on April 6, 2016, respectively.

5) On May 9, 2016, Plaintiff B, D, and C received 15/100 shares of the instant land from Plaintiff A, respectively, and completed the registration of transfer of shares on May 9, 2016. 6) At the time of the closing of argument in the instant case, Plaintiff A owns 15/100 of each of the instant land, and Defendant E, and F own 10/10 shares, respectively.

C. The Plaintiffs failed to reach an agreement on the partition of co-owned property and the Defendants did not reach an agreement on the partition method of the land of this case until the closing date of the argument in this case.

However, both the plaintiffs and the defendants do not completely divide the land of this case according to their shares of co-owners, and they want to divide the part jointly owned by the plaintiffs (80/100 in total) and the part jointly owned by the defendants (20/10 in total).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 9, and the purport of the whole pleadings

2. The instant land is present as seen earlier before the creation of the right to partition co-owned property.

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