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(영문) 대구지방법원 2016.10.25 2014가단126893
공유물분할
Text

1. The remainder of W forest land 1,122 square meters shall be put up for an auction at Gyeongsan-si and the auction expenses shall be deducted from the proceeds thereof.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are co-owners of W forest 1,122 square meters (hereinafter referred to as “1 land”) and X forest 1,783 square meters (hereinafter referred to as “2 land”) in Busan Metropolitan City.

(each co-owned share in the land of 2). (b)

Land No. 1 is jointly owned by the Plaintiff and Defendant B (Plaintiff 6/8, Defendant B1/4), and Land No. 2 are jointly owned by the Plaintiff and the Defendants, and shares in the register of land No. 2 are owned by the Plaintiff and the Defendants C, B, D, E, F, G, H, network Y, network Z, network AA, Defendant I, J, K, K, M, N, andO.

C. The deceased on March 28, 1947, and Nonparty AB, the family heir, succeeded to the inherited property. AB died on or around September 20, 1982, and T and U inherited AB according to the inherited property (T shall be 1/7, U shall be her married couple, and 6/7) by family inheritance.

In addition, the network has died on June 1, 2014 and succeeded to the inherited property of Defendant P, Q, R, and S according to their shares of inheritance (P 3/9 and the remainder 2/9 respectively).

In addition, the deceased AA died on February 16, 1949, and V, a family heir, succeeded to the property of AA.

The land of this case No. 2 is installed with the Plaintiff’s grandparents and tombstones.

E. The Plaintiff and the Defendants did not reach an agreement on the division of jointly owned property as to the land Nos. 1 and 2 of this case.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 7 (if there is a serial number, including a branch number)

(i)each entry, the result of the commission of appraisal by the Korea Land Information Corporation for Mountainous Districts, and the result of the on-site verification by this Court, the purport of the entire pleadings]

2. In full view of the above facts of the judgment as to the cause of the claim and the following facts revealed through the evidence revealed earlier, it is reasonable to sell each of the instant land by auction and distribute the remainder after deducting the auction expense from the proceeds of sale at the ratio of co-ownership shares.

① The Plaintiff’s co-owned share of the Plaintiff, Defendant B, or the Plaintiff’s co-owned share is relatively larger and divided into co-owned shares.

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