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(영문) 의정부지방법원 2019.01.08 2018가단102331
공유물분할
Text

1. Of 112 square meters in J-gun of Gyeonggi-gu, Gyeonggi-do;

(a) Attached Nos. 1, 2, 3, 14, 12, 13, and 1 are indicated in order of each point.

Reasons

1. Facts of recognition;

A. On January 8, 2018, the Plaintiff completed the registration of ownership transfer with respect to 1/2 of the 112 square meters of J-gun, Gyeonggi-do (hereinafter “instant land”).

B. As a result of the death on August 24, 199 by K as of August 24, 199, Defendant D, the spouse of Defendant C, E, F, G, H, I, and K, who was the wife of K, succeeded to the shares of K (the Defendant D inherited the shares of L due to the death of L).

The inheritance ratio of Defendant B is 3/17, and the remaining inheritance ratio of the above Defendants is 2/17, respectively.

C. Defendant Republic of Korea completed the registration of ownership transfer on September 8, 2005 with respect to 1/4 shares out of the instant land.

Until the closing date of the instant argument, there was no agreement between the Plaintiff and the Defendants on the division method of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, who are other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, in principle, the court shall divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the property can be ordered only when the value thereof is likely to be reduced remarkably. Thus, barring the above circumstances, the court shall divide the co-owned property into several items in kind, and render a judgment recognizing the sole ownership of each co-owner for the divided property, according to the share ratio of each co-owner.

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