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(영문) 청주지방법원 2016.12.15 2015가단111181
공유물분할
Text

1. A ship which connects each point of the attached Schedules Nos. 1, 2, 3, 4, 5, 25, 24, and 1 among the real estate listed in the annexed List in sequence.

Reasons

1. Facts of recognition;

A. As to the instant real estate, the registration of share ownership has been completed by sharing the Plaintiffs on the Real Estate Registration Injury and the network L at the ratio of 1/5 shares.

B. L died on January 15, 2007, and on March 15, 2007, L was accepted a declaration of renunciation of inheritance by M, N,O, P, and Q, the first heir of L on March 15, 2007

The Seoul Family Court (Seoul Family Court 2007Ra1436). L's 2nd inheritors all died, and on July 12, 2007, Defendant I, J, and K accepted a qualified acceptance report among the third inheritors.

The Seoul Family Court (Seoul Family Court 2007Ra3215). On the other hand, R, a third-class heir, died on May 3, 1989, and accordingly, Defendant E, F, G, and H inherited by representation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, 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 there are such circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for divided goods by dividing the jointly owned goods into several goods in kind according to the share ratio of each co-owner, and the method of division shall be at the discretion of the court, not by the method requested by the parties but by the method requested by the parties.

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