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(영문) 대구지방법원 2017.02.10 2015가단105640
공유물분할
Text

1. The remainder of the sale price, which is obtained by selling a 98380 square meters of the Gyeongdong-gun AK forest in the Gyeongdong-do and subtracting the auction cost from the sale price; and

Reasons

1. Facts of recognition;

A. The Plaintiff, AL, AM, and Defendant AJ each hold 1/4 of the shares on the registry for the 98380 square meters of AK forest in Gyeongdong-gun, Gyeongdong-do.

B. As a result of the death of AM, 1/4 of the shares of AM succeeded to Defendant AA, who is its heir, at the ratio of 2/60 shares, to Defendant AB, Defendant AC, Defendant AD, Defendant AE, Defendant AF, and Defendant AF, respectively.

C. Following the death of the AL, 1/4 of the AL’s equity interest in Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant H, and Defendant I, respectively, 1309 equity interest in 16/16752; 2856/16 equity interest in Defendant K, Defendant L, Defendant L, Defendant M, Defendant M, and Defendant N; 1904/1652 equity interest in 167; 2618/1652 equity interest in Defendant C, Defendant P, and Defendant R; 1848/162 equity interest in 167; 1848/162 equity interest in 167; 16752 equity interest in 162 equity interest in 167, Defendant C, Defendant C, Defendant C, Defendant W, DefendantY, and Defendant Q Q; and 1652/162 equity interest in 165,275,275,258.

The Plaintiff and the Defendants, co-owners, did not reach an agreement on the method of dividing the instant real estate by the closing date of pleadings.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim for partition of the jointly owned property, the Plaintiff and the Defendants did not agree on the method of partition of the pertinent real property, which is jointly owned, and there was no special agreement between the Plaintiff and the Defendants prohibiting the partition of the jointly owned property. Therefore, the Plaintiff may claim against the Defendants for partition of the jointly owned property based on the co-ownership right.

B. In a lawsuit for partition of co-owned property, the court shall order the partition according to the ratio of shares in a reasonable manner, comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof, and in principle, the share ratio.

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