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1. The judgment of the first instance is modified as follows upon the application by this court for the acceptance of a lawsuit and the intervention in succession.
Reasons
1. Basic facts
A. The Plaintiff, the Defendants, and the Defendant’s succeeding intervenor shared the 476 square meters of land in Sinsi-si (hereinafter “instant land”) in proportion to their respective shares indicated in the attached Table of co-ownership.
B. The deceased co-defendant of the first instance trial, and Defendant Q and R, their children, taken over the lawsuit in this court.
The Defendant’s succeeding intervenor completed the registration of ownership transfer on June 6, 2017 with respect to the share of 120/476 out of the instant land from Defendant G (Withdrawal of Lawsuit) on August 2, 2017, and applied for intervention in succession to this court.
C. Meanwhile, from May 21, 2009 to May 21, 2009, Defendant G completed the registration of ownership transfer due to the donation from S on May 21, 2009, 120/476 shares in the instant land are the shares awarded by S in the voluntary auction procedure in Chuncheon District Court’s Seoul District Court on April 26, 2004.
In addition, ① 48/476 of the Plaintiff’s share in the instant land is the share awarded by the Plaintiff in the auction procedure of U.S. U.S. real estate located in Chuncheon District Court on January 2, 2012. ② The Plaintiff’s share in 7/476 of the Plaintiff completed the registration of ownership transfer due to sale on June 19, 2015 from V on June 19, 2015 is the share awarded in the auction procedure of Wed real estate auction located in Chuncheon District Court on August 27, 2012.
E. In the above W W real estate auction procedure, each share in X, Y was sold in addition to the share in the instant land, and even in the above U.S. real estate auction procedure, each share in the adjacent Z and AA was sold in addition to the share in the instant land. All of the two auction procedure appraisal opinions are as follows: “The land was assessed as the average unit price applying the unit price of the land after assessing the share ratio in the entire area because it is difficult to verify the location of each share as co-ownership,” and “the land is assessed as the total unit price with the unit price applied after assessing the share ratio in the entire area,” and it is impossible to identify the location of each share as co-ownership.