logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.11.15 2017가단52029
공유물분할
Text

1. Attached Form;

1. Auction expenses and taxes shall be levied on each real estate entered in the real estate list by selling it at an auction;

Reasons

1. Basic facts

A. The plaintiffs and defendant E are attached on May 9, 2007

1. Each real estate listed in the list of real estate (hereinafter “instant land”) shall be jointly purchased and completed the registration of ownership transfer in accordance with the ratio of shares as listed below, after jointly purchased each real estate listed in the list of real estate (hereinafter “instant land”).

Name shares in the name-sharing ratio of Plaintiffs A2,628/10,000 Defendant E 1,496/10,000 Plaintiffs B2,564/10,000 Plaintiffs C2,137/10,000 Plaintiffs D 1,175/10,000

B. Plaintiff B, etc., and Defendant E jointly operate a hybrid farm around March 201. The instant land is cultivating Pacifica by constructing two plastic houses on the land 6, 7, and the land 5 of this case and the land 5 of this case, and the land 1 of this case is the Plaintiff D’s housing, and the Plaintiff’s mother’s mother’s 4 land is the construction of warehouse owned by Plaintiff B. The land 5 of this case has a machinery room related to animals and plants owned by Plaintiff A, and Defendant F is a residence while constructing a temporary building on the land 3 of this case.

C. Meanwhile, on November 17, 2015, Defendant E pertaining to the same month as to the share of 748/10,000 equivalent to 1/2 of its own shares in the instant land.

2. Where the registration of ownership transfer has been made to Defendant F for reasons of sale, the shares in the present ownership of the land in this case shall be attached hereto.

2. The same as the entries in the share sheet;

There was no special agreement between the Plaintiffs and the Defendants, who are equity right holders, on the non-division of the instant land.

[Ground of recognition] Evidence Nos. 1 through 5, Eul evidence No. 12 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, there is no special agreement between the plaintiffs and the defendants not to divide the land of this case. The plaintiffs, co-owners of the land of this case, who are other co-owners, may claim the division against the defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

arrow