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(영문) 의정부지방법원고양지원 2017.05.17 2016가단4290
공유물분할
Text

1. Of F.M. 1,369 square meters prior to P.M.,

(a) connect each point in the separate sheet No. 1, 14, 22, 15, 5, 4, 3, 2, and 1;

Reasons

1. Basic facts

A. The 1,369 square meters prior to the date of Pakistan (hereinafter “instant land”) completed the registration of ownership transfer on the grounds of inheritance on September 19, 1984 by the Jung-gu District Court, Goyang-dong Branch Office, 563, which was received on January 7, 1998, and the net G shared at the respective shares of the Plaintiff 24/52, the Plaintiff 4/52, Defendant B, Defendant C 9/52, and the network H 6/52.

B. As the deceased G dies thereafter, the deceased G’s above shares are inherited to the Plaintiff, Defendant B, Defendant C, and the deceased H, respectively. As to the above shares received on April 7, 2009 due to the inheritance as of November 16, 2005 and received on April 7, 2009, as to the Plaintiff’s 168/728 shares, and as to Defendant B’s 72/728 shares, the deceased and the deceased H completed the entire registration of transfer as to each share of 48/728 shares.

C. Following the deceased’s death after the deceased, the deceased’s shares were inherited to Defendant D and I, and the deceased’s shares were transferred to Defendant D and I on April 19, 2007. As to the shares received on August 14, 2013 by Defendant D as Defendant D’s receipt No. 71665 on August 14, 2013, and as to the shares of 198/182/1820, Defendant D completed the entire registration of transfer with respect to each share of 132/1820.

On October 7, 2013, Defendant E purchased the said shares at the above auction procedure on September 5, 2014.

E. The instant land is currently used as dry field, and there is no building on that ground, and no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant land until the date of closing the argument in the instant case.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. Co-owned property partition claim

A. Division of the principle of partition of co-owned properties can be selected at will if the co-owners reach an agreement, but if the co-owned properties are divided by a trial due to the failure to reach an agreement, the court shall divide them in kind in principle and divide them in kind.

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