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(영문) 춘천지방법원영월지원 2019.11.27 2018가단1730
공유물분할
Text

1. The remainder of the amount calculated by deducting the auction cost from the price shall be attached to the auction by selling the area of 3964m2 prior to the Gangnam-gu Seoul Special Metropolitan City.

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant C, and the network L shared 1/3 shares, respectively, in the area of 3964 square meters (hereinafter “instant land”).

B. The deceased L was killed on September 27, 198, and his heir was deceased, and there was a network N, Defendant H, I, and J, the spouse of the deceased M, children.

The network N died on January 11, 1991, and its successors are Defendant E, F, and G, which are Defendant B and children.

Since then, the deceased M has died on March 7, 2000.

(c) Each portion of the inheritance of Defendant H, I, J, B, E, F, and G, the heir of the net L, is as follows:

Article 1009 of the former Civil Act (Law No. 3723, Sept. 1, 1984) shall apply at the time of the deceased L death ( September 27, 1988).

Article 1009 of the former Civil Code (Law No. 4199, January 1, 1991) shall apply at the time of death of the net N ( January 11, 1991).

Article 1009 of the former Civil Code (Law No. 5454, January 1, 1998) shall apply at the time of dead M of the deceased M. ( March 7, 200).

Defendant H (Released on July 5, 1982) 1/10 1/10 x 1/10 x 1/10 x 1/40 x 7/10 x 3/10 x 1/4 x 7/10 x 7/40 x 2/10 / 10 x 7/40 x 2/10 2/10 / 10 / 3/10 x 3/10 x 1/40 x 1/40 x 3/110 x 4/10 x 9/5 x 10 x 3/10 x 4/10 x 9/5 10 x 5/10 x 5/10 x 9/10 x 5/10 x 3/10 5 x 5/10 / 13/4.

D. There was no agreement between the Plaintiff and the Defendants on the method of dividing the land of this case by the date of closing the argument of this case.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. According to the above acknowledged facts, the Plaintiff, as co-owners of the instant land, may claim the partition of the said land against the Defendants, who are other co-owners.

B. Co-owned property partition according to one trial on the method of partition of co-owned property shall be rationally divided according to the shares of each co-owner.

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