logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.27 2015나14687
공유물분할
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Land entered in the list shall be put to an auction and from its price.

Reasons

1. Basic facts

A. On February 17, 2010, the area of a forest E- 3164 square meters in the Dong-dong, Seoyang-gu, Seoyang-gu, Seoul Special Metropolitan City prior to the subdivision was divided into 729 square meters for E forest land, 838 square meters for G forest land, and 1597 square meters for H forest land. The said area of a 1597 square meters for H forest was subdivided into 853 square meters for H forest and 744 square meters for forest land again on February 21, 2011.

(B) each land partitioned is the land indicated in the separate sheet, hereinafter referred to as “instant land”).

Around February 201, the instant land was owned by I, Defendant B, J, K, and LJ, and the said co-owners agreed to divide the land listed in paragraph (1) of the attached Table (attached Form) into land listed in Section 1 of the attached Table (attached Form) into land listed in Section 2 of the attached Table (attached Form) by I, Defendant B, and the land listed in Section 3 of the attached Table (attached Form) by J, K, and the land listed in Section 4 of the attached Table (attached Form Form 4).

C. Thereafter, on October 14, 2011, Defendant D completed the registration of ownership transfer through M with respect to the portion of LJ 3164/11762 out of the instant land.

In addition, Defendant B had 231.5/11762 shares out of the instant land. However, on June 28, 2013, Defendant B owned a total of 2315/11762 shares by completing the registration of ownership transfer with respect to I’s shares out of the instant land.

In addition, on September 16, 2013, the Plaintiff completed the registration of ownership transfer with respect to K’s share 1653/11762 out of the instant land, and Defendant C completed the registration of ownership transfer through N on November 11, 2014 as to the share of J 4630/11762 out of the instant land.

E. Defendant B agreed with Defendant C to exchange part of the separate sheet and the separate sheet and part of the separate sheet and part of the separate sheet owned by Defendant C.

F. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land, and there is no special agreement prohibiting the division.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1, b.

arrow