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(영문) 창원지방법원밀양지원 2016.10.12 2015가단4094
공유물분할
Text

1. A ship that connects each point of the attached Table No. 5, 6, 7, 8, 9, 11, and 5, among the 1,006 square meters in Gyeong-gun, Gyeong-gun, Gyeong-gun.

Reasons

1. Facts of recognition;

A. On July 12, 2007, the network E, the owner of the instant real estate, completed the registration of ownership transfer for each of the instant real estate to Defendant B, who was NF of the Plaintiff, Dong Jae and Dong Jae, for the same day on the same day with respect to each of the instant real estate.

B. The network E died on June 20, 2009, and Defendant C, his wife, completed the registration of ownership transfer for 344/1006 shares of the instant real estate, which was owned by the network E on September 10, 2009, due to consultation and division.

C. On November 16, 2015, F completed the registration of ownership transfer with respect to the portion of 331/1006 of the instant real estate among the instant real estate, based on the same day donation. D.

Until the closing date of the instant case, there was no division consultation between the Plaintiff and the Defendants on the instant real estate.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. According to the facts found earlier, the agreement on the method of division between the Plaintiff and the Defendants was not reached. Therefore, the Plaintiff may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate pursuant to Article 269(1) of the Civil Act.

Furthermore, the method of division may be selected at will if the co-owners reach an agreement on the method of division, but in the case of dividing the jointly-owned property by a trial due to a lack of agreement, in principle, dividing it in kind is in the case of dividing it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, it is possible to order the auction of the property only when the value of the property might be significantly reduced (see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). In addition, in addition to the results of the request for surveying appraisal on the branch office, the appraisal of the real property of this case among the real estate of this case may be recognized as follows.

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