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(영문) 창원지방법원 진주지원 2021.01.19 2019가단33674
공유물분할 등 청구의 소
Text

Attached Form

1 The remainder of the real estate stated in the title shall be put to an auction and the auction expenses shall be deducted from the price.

Reasons

1. Facts of recognition;

A. On July 18, 2006, the network G owned real estate listed in attached Table 1 (hereinafter collectively referred to as “each of the instant land”) and a stable, warehouse, etc., the total building area of which is 1,306.05 square meters on the H ground of Jinju-si ( collectively referred to as “the instant building”). The instant land was killed on July 18, 2006. Each of the instant land was inherited by Defendant D and his children, Defendant E and F, respectively, by 12/28, 8/12, 8/12, and 12 shares; the instant building was inherited by Defendant F solely.

B. Since then, the Plaintiffs filed a lawsuit against the Defendants for the registration of ownership transfer due to an agreement on August 15, 1998 with respect to some of the shares in each of the instant land (the Busan District Court Branch Branch 2005 Gohap 4009) and won the lawsuit, and completed the registration of ownership transfer on July 25, 2007.

Accordingly, each of the lands of this case is owned by the plaintiffs, 7/28 shares, 3/28 shares, 2/28 shares, and 2/28 shares.

【Unfounded Grounds for Recognition】 Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the partition claim of the article jointly owned

A. According to the facts stated in Paragraph 1, prior to the occurrence of the claim for partition of the jointly owned property, the Plaintiffs may seek the partition of each of the instant lands against the Defendants, who are co-owners of the other co-owners.

B. A method of dividing an article jointly owned in kind in a case of dividing the article jointly owned in a judgment, if it is impossible to divide the article in kind in kind or if the value thereof is likely to be significantly reduced, an auction of the article may be ordered, and the term "shall not be divided in kind" in this context is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization situation, use value after the division, etc. of the article jointly owned in kind (Supreme Court Decision 2009Da40219, 4026 Decided September 10, 2009).

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