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(영문) 대구지방법원 포항지원 2018.11.15 2018가단102247
공유물분할
Text

1. The amount of each land listed in the separate sheet 1 remains after deducting the auction expenses from the proceeds thereof;

Reasons

1. Basic facts

A. On January 7, 1947, the ownership of 1/5 shares out of the above land was transferred to P, and on August 2, 1949, the ownership of 1,294/5 shares was transferred to Q, among the remaining shares (4/5) of O on August 2, 1949.

As a result, P out of the land before the partition of this case (i.e., 1,594/7,970 = 1/5 x 1,594/1,594) shares; Q was 5,176/7,970 (=4/5 x 1,294/1,594) shares; and P was 1,200/7,970 (=4/5 x 300/1,594) shares, respectively.

B. The land before the instant partition was divided into several parcels, including each land listed in the separate sheet from October 15, 1984 (hereinafter “each land of this case”).

C. P died on August 23, 1959, and P died on August 30, 1996, and Q died on June 23, 1978.

The Plaintiff solely inherited the property of the deceased Q’s share in each of the instant lands. As a result, Defendant H, I, J, K, K, L, and M inherited the property of the deceased P’s sole heir of the network P, Defendant H, J, K, L, and the Defendants shared each of the instant lands, and the details of the sharing share are as shown in the separate shares list.

E. There is no agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Co-owners may request the court to divide the co-owned property in a case where the agreement on the method of partition does not lead to an agreement on the method of partition, and in principle, the partition of co-owned property by trial shall not be divided in kind to the extent that it can be reasonably divided according to the share of each co-owner, but in the case of payment division, the requirement is not physically strict interpretation. In light of the nature, location or size of the co-owned property, the situation of use, and the use value after the division, etc.

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