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(영문) 청주지방법원 2020.11.12 2020가단1387
공유물분할
Text

1. The amount remaining after deducting the expenses for auction from the proceeds of the auction by selling each real estate listed in the separate sheet No. 1;

Reasons

1. Facts of recognition;

A. On September 19, 196, each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) was transferred on April 16, 201 by inheritance on September 19, 196 to C, Defendant B, on April 16, 2010, 11/11 to C, 2/11 to E, 2/11 to E, and 2/11 to F.

B. On September 1, 2011, the sale of all D shares by compulsory auction was registered to G on September 7, 201, and the transfer registration was made to H on September 1, 201, and on September 11, 2017, the transfer registration was made to H on September 11, 2017, 0.816, 0.368, 0.816, 11/11 to the designated party A (hereinafter “Plaintiff A”) for all shares, and 0.816% to the designated party A (hereinafter “Plaintiff A”).

C. On August 1, 2017, the transfer registration was made to Plaintiff J on September 11, 2017 with respect to the entire share in C. D.

On August 1, 2017, the transfer registration was made on September 11, 2017 to Plaintiff J 0.684 and 1.316% to Plaintiff I on September 11, 2017.

E. On August 1, 2017, the transfer registration was made to Plaintiff I on September 11, 2017 with respect to all F shares.

F. On February 6, 2018, the transfer registration was made to K on February 9, 2018 with respect to all H shares on February 6, 2018, and the transfer registration was made to Plaintiff L on August 24, 2018 with respect to all K shares on August 1, 2018.

G. Until the date of the closing of the argument in this case, no special agreement was made between the plaintiffs and the defendant on the prohibition of partition, and no agreement on the method of dividing the real estate in this case was reached.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4 (including additional number), the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged above, the Plaintiffs, as co-owners of the instant real estate, may claim the partition of the instant real estate jointly owned by the Defendant, who is another co-owner.

B. The partition of co-owned property based on a judgment as to the method of partition of co-owned property can be made with reasonable partition according to shares of co-owners.

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