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(영문) 대구지방법원 김천지원 2018.01.11 2016가단4446
공유물분할 등
Text

1. The remainder of the amount calculated by deducting the auction cost from the price by selling it by auction to Q2,083 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. Defendant B, E, G, and R, S, and T owned 2,083 square meters of Q2,083 square meters of land in Kimcheon-si (hereinafter “instant land”). Each of 1/6 shares.

U acquired 99/2083 of the instant land on October 10, 1994, and the shares of Defendant B, E, G and Nonparty R, S and T became 92/6249 respectively.

B. Defendant I and H donated S’s share and completed the registration of ownership transfer on May 27, 2005 with respect to each of the 496/6249 shares, and the Plaintiff purchased U’s share and completed the registration of ownership transfer with respect to U’s share on April 14, 2016.

C. On February 19, 1986, R inherited the R’s share in wife V, Defendant D, J, K, and L, a child.

ZV also died on July 18, 1998 and succeeded to the shares of Defendant D, J, K, and L, a child. D.

T on March 29, 2007, after the death of the Defendant F, Defendant M, N,O, and P succeeded to the shares of T.

E. The shares owned by the Defendants on the instant land are as shown in the attached Table 1.

F. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the land of this case until the date of closing the argument in this case.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts acknowledged above, since the agreement on the method of partition between the Plaintiff and the Defendants, who are co-owners of the land of this case, was not constituted, the Plaintiff, as co-owners of the land of this case, may file a partition claim against the Defendants.

3. Method of partition of co-owned property;

A. Division of an article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the article may be reduced remarkably, the auction of the article may be ordered.

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