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(영문) 수원지방법원성남지원 2016.03.25 2015가단200226
공유물분할
Text

1. It shall be the sole ownership of the plaintiff by dividing the real estate indicated in the attached list;

2. The plaintiff is the defendant (appointed party).

Reasons

1. Basic facts

A. Nonparty D and Nonparty E shared the real estate listed in the separate sheet (hereinafter “instant real estate”) (D 863/909 shares, E 46/909 shares), and the Plaintiff donated 863/9 shares of the instant real estate from D on May 26, 2011, and completed the registration of ownership transfer on May 27, 2011.

B. Of the instant real estate, the registration of establishment of the Republic of Korea’s attachment (F) on July 10, 200 with respect to E’s equity (46/909) among the instant real estate on July 28, 200, Incheon Metropolitan City’s attachment (F) registration on March 28, 2013, and attachment (G) registration on December 19, 2014 at Gwangju City, the maximum amount of claims (300,000,000 won, the debtor, E-mortgage, and the mortgagee H) is completed, respectively.

C. On February 11, 2014, E died, and the heir succeeded to 1/2 by the Defendant (appointed party; hereinafter “Defendant”) B and the Appointed C (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”) who is his/her child, and the Defendant, etc. filed a report on the re-approval of succession to the Youngju District Court’s Young-dong Branch (No. 2014-dong Branch21) around March 7, 2014, and the said court accepted it on April 23, 2014.

(The list of inherited property does not contain shares E in the real estate of this case). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1 through 11, Eul evidence No. 1 (including the branch number), the purport of the whole pleadings.

2. The parties' assertion

A. In the event of the division of the Plaintiff’s assertion in kind, the part owned by the Defendants is 46 square meters and there is little economic utility value, and it is difficult to secure access roads. Therefore, the partition of co-owned property in the method of compensating for the Defendants’ shares is reasonable.

B. The Defendant et al. asserted that the deceased et al. had qualified acceptance on the deceased E’s inherited property, and the shares of the deceased E in the instant real estate are the obligees’ responsible property.

Therefore, if the plaintiff calculates the amount corresponding to the current market price, the defendant, etc. can be recognized.

3. Determination A.

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