(영문) 부산지방법원 2015.11.13 2014나2577 | 리걸엔진

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(영문) 부산지방법원 2015.11.13 2014나2577

공유물분할

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1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1..

Reasons

1. Of the instant real estate, the Plaintiff’s share 4,166/3, among the instant real estate, owned 35,733/35,730, 15,040/3, 35,733, 661/3, 35,73, and 826/33 of shares of the Defendant E; and the fact that there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate, which is the jointly owned property, by the date of closing argument in the trial; or that there was no dispute between the parties, or that there was no agreement on the method of dividing the instant real estate, which is the jointly owned property by the date of closing argument in the trial

According to the above facts of recognition, the Plaintiff, one of the co-owners of the real estate of this case, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act.

2. Defendant C, at the time of November 7, 1996, agreed that G, I, J, K, and L, a co-owner of the instant real estate as of November 7, 1996, shall co-ownership of the instant real estate under sectional ownership. Thus, Defendant C, who purchased some shares from D, the ownership of which was transferred from G due to legacy, cannot file a co-owned property partition claim against the Defendants on the premise that the Plaintiff, who purchased some shares from

First of all, around November 7, 1996, whether co-owners shared the instant real estate with sectional ownership at the time of the instant real estate. According to the evidence evidence No. 13, Nov. 7, 1996, co-owners of the instant real estate at the time of November 7, 1996: (a) are deemed to have prepared a confirmation of the fact that the remaining part of the instant real estate, which is included in the part of claim(s) indicated in the attached Form No. 1996, “it is confirmed that the instant real estate is owned by G” (hereinafter “certificate of fact”). However, the indication part is considerably short of 5,653 square meters converted into G’s share, which was the owner of the instant real estate at the time of the entry in the confirmation document of fact of this case, into the size of G, which is 5,653 square meters, and thus, G

참조조문

-민법 제269조 제1항

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