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(영문) 수원지방법원안산지원 2016.11.17 2015가합22530
공유물분할
Text

1. The plaintiff's main claim is dismissed.

2. The real estate indicated in the annex 1 “real estate indication” is put up for auction.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff and Defendant B completed the registration of ownership transfer for reasons of public sale on December 30, 2013.

B. After that, the Plaintiff, Defendants, and the succeeding intervenors F, Defendant C, and Defendant C’s succeeding intervenors G, H, and Defendant E’s succeeding Intervenor I and J (hereinafter collectively referred to as the “Defendant succeeding Intervenor”) share the instant real estate as the following shares, on the ground that each transaction was conducted.

Plaintiff 7,886/18,200 of the parties’ share ratio to the Plaintiff 7,886/18,200 of the parties’ share ratio to the Plaintiff 132/18,200 of the succeeding Intervenor B 4,550/18,200 of the Defendant C’s succeeding Intervenor B 343/18,200 of the Defendant C 343/18,200 of the succeeding Intervenor H99/18,200, Defendant C450/18,200 of the succeeding Intervenor H 4,550/18,200 of the Defendant E’s succeeding Intervenor 199/18,200, Defendant E 343/18,200, and Defendant E’s succeeding Intervenor 9/18,200

C. The Plaintiff, the Defendants, and the Intervenor succeeding to the Defendant did not have an agreement prohibiting division of the instant real estate, and there was no agreement regarding the method of division of the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, the co-owner of the instant real estate, the Defendants, and the succeeding intervenors did not reach an agreement on the method of partition. As such, the Plaintiff may file a claim for partition of the instant real estate against the Defendants and the succeeding intervenors, who are other co-owners, pursuant to Article 269(1) of the Civil Act. As to this, the Defendants and the succeeding intervenors filed a lawsuit for partition of co-owned property at the time when part of the instant real estate shares acquired by the Plaintiff through public auction were sold to Defendant C and E less than one year, and the Defendants and the succeeding intervenors were significantly limited to passage.

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