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(영문) 대전지방법원논산지원 2015.10.01 2014가단966
공유물분할
Text

1. Sheet E, Chungcheongnam-gun, E, 1,826 square meters and F 3,965 square meters and f. 3,965 square meters are placed at each auction, and the auction expenses are deducted from the price.

Reasons

Basic Facts

A. G and H, as a legal couple, had 1, Appointer J, Defendant, Appointor K, Defendant (Appointed Party), Defendant C, Appointor M, Appointor N8 South Korea as children under the chain of law.

B. In the first place, E, 1,826 square meters (hereinafter “the instant real estate”) and F 3,965 square meters (hereinafter “the instant real estate”) were owned by G. G was dead on March 5, 1993. Of the instant real estate Nos. 1 and 2 on August 4, 2006, the ownership transfer registration was completed on March 5, 1993 under the name of H for 3/19 shares among the instant real estate Nos. 1 and 3/19 shares, and on the remainder of 16/19 shares for 16/19 shares, under the name of I, Appointed J, Defendant J, Appointed, Defendant (Appointed Party), Defendant C, M, Appointed, and Appoint N2/19 shares, each of which was based on inheritance.

C. H died on February 9, 2008, and his heir had N, who is his child, i.e., I, Appointer J, Defendant, Appellant K, Defendant (Appointed Party) C, Appointer M, and Appointed.

I died on February 7, 2009, and his heir is the plaintiff, the spouse, O and the defendant (appointed party).

However, on July 17, 2009, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on February 7, 2009 with respect to 2/19 shares (excluding shares inherited from the deceased H) in the name of the deceased I among the real estate Nos. 1 and 2 of this case.

E. After that, on June 8, 2012, the Selection K, Selection L, and Selection M donated 2/19 shares among the instant real estate Nos. 1 and 2 to the Plaintiff, and the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff as to 6/19 shares among the instant real estate Nos. 1 and 2 on June 18, 2012.

F. At present, the details of co-ownership of the first and second real estate in the instant case are as indicated in the “current co-ownership share sheet” in attached Form 3.

[Reasons for Recognition] Fact-finding, Gap evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 1-2, and Eul evidence 9, and the above fact-finding fact-finding which established the right to partition of co-owned property as a whole, the plaintiff, defendant, and defendant (appointed party).

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