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(영문) 청주지방법원 2020.08.13 2019가단21736
공유물분할
Text

1. The amount remaining after deducting the auction cost from the price, which is sold to an auction by selling 1389m2 in the petitioner-gu, Cheongju.

Reasons

1. Facts of recognition;

A. On the ground of sale on February 6, 1950, the registration of the transfer of 1389 square meters (hereinafter “instant real estate”) of the filed L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based

B. On March 4, 2005, the registration of transfer was made on March 26, 2008 on the whole P share due to inheritance by agreement division.

C. M died on February 17, 2014, and his heir was his child C, E, Defendant F, and Defendant B.

N on June 2, 200, the N died, and its heir has children G, Defendant H, Defendant I, Defendant J, and Defendant K.

E. On November 22, 2005, the transfer registration was made on March 28, 2008 due to the inheritance by agreement division on November 22, 2005. In other words, the transfer registration was made on February 1, 2018, R and S, respectively, on the ground of the inheritance on September 8, 2016, and the transfer registration was made on November 28, 2018 with respect to two-thirds of shares on January 7, 2019.

F. Until the closing date of the instant argument, no special agreement was made between the Plaintiff and the Defendants on the prohibition of partition, and no agreement on the method of dividing the instant real estate was reached.

[Ground of recognition] The facts without dispute, Gap 1 and 2 evidence, each fact inquiry result against the head of the Gu Office of the Gu Office of the District Court of the Gu Office of the District Court of the Gu Office of the District Court of the Gu Office of the Gu Office of the Gu Office of the District

2. Determination:

A. According to the facts acknowledged above, the Plaintiff, as co-owners of the instant real estate, may claim the division of the instant real estate jointly owned by the Defendants, who are co-owners of the instant real estate.

B. The partition of co-owned property based on a judgment on the method of partition of co-owned property is, in principle, made in kind as long as it is possible to make a rational partition according to the share of each co-owner, or if it is impossible to divide in kind or made in kind, it is remarkably possible.

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