(영문) 청주지방법원 2015.06.04 2014가단157210

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(영문) 청주지방법원 2015.06.04 2014가단157210

공유물분할

Text

1. Each real estate listed in the separate sheet, and each real estate listed in paragraphs 1 to 7 of the separate sheet, shall be by Defendant C.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant lands”) was owned by the Plaintiffs and Defendant C’s father E, and the ownership transfer registration was made to Defendant C on May 2, 201 due to legacy on May 2, 201.

B. On July 29, 2011, the Plaintiffs filed a lawsuit against Defendant C seeking the return of legal reserve of inheritance, and filed a registration of ownership transfer with each of the Plaintiffs on the instant real estate on the grounds of the return of legal reserve of inheritance.

C. Defendant C, while divorced with Defendant D, completed the registration of ownership transfer on one’s nine-one share of the real estate listed in the attached Table No. 8 on the grounds of division of property.

The Plaintiffs and the Defendants did not reach an agreement on the method of dividing each real estate of this case, which is jointly owned, until the date of closing the argument in this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, co-owners of each of the lands of this case, may claim the partition of each of the lands of this case against the Defendants, other co-owners.

B. The method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but in the case of dividing the co-owned property through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The auction of the property can be ordered only when the value of the property is likely to be significantly reduced if it is impossible to divide it in kind or it is possible to divide it in kind. Thus, barring the above circumstances, the court shall render a judgment to divide the co-owned property into several items in kind according to the share ratio of co-owners and to recognize the sole ownership of each co-owner for the divided property.

(b) the Commission; and

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