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(영문) 수원지방법원안산지원 2016.01.14 2014가합4726
토지공유물분할
Text

1. With respect to the land listed in the separate sheet No. 1, each point in the separate sheet No. 12, 10, 9, 14, 13, and 12 are connected in sequence.

Reasons

1. Basic facts

A. With respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”), the Plaintiff A on the Real Estate Registration Injury shares of 38/100 shares, the Plaintiff B and C shares of 10/100 shares, the Defendant D’s shares of 22/100 shares, and F shares of 20/100 shares, respectively.

B.F died on April 22, 1998.

F’s first heir G, children H, and I’s renunciation of inheritance was accepted.

Seoul Family Court (Seoul Family Court Decision 98Do5588, 5589, 5590). F’s second-class heir, the father and the father reported the renunciation of inheritance, but changed to the qualified acceptance report. A qualified acceptance report was accepted (Seoul Family Court Decision 99Hu598), the mother’s renunciation report was accepted, and the father’s renunciation of inheritance was accepted (Seoul Family Court Decision 2001Du1907), and J independently inherited F.

J died on July 14, 2007.

J’s heir of L, M, N,O, P, Q, R, T, U,V, W, and Defendant E received a report of renunciation of inheritance (U.S. District Court Decision 2007Radan899, 900, 902, 904, 905, 919, etc.) and Defendant E independently succeeded to J.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, co-owners, may file a partition claim against the Defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. Division of the method of partition of co-owned property can be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the price can be reduced remarkably. The auction of the property can be ordered only when the value might be reduced remarkably.

Unless the above circumstances exist, the court shall share shares of each co-owner.

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