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(영문) 창원지방법원 2020.08.13 2015가단80389
공유물분할
Text

1. The remaining money remaining after selling 2271m2 to auction the forest land B in the Gyeongnam-do, Chungcheongnam-do, and deducting the auction cost from the price.

Reasons

1. Basic facts

A. The land of this case was assessed against C and D around November 19, 1917, 2271 square meters of forest land B (hereinafter “instant land”) in Gyeongnam-do, Chungcheongnam-do, Kim Jong-do.

B. On July 12, 1993, C and D (However, it appears that D’s “E” on the registry appears to have been mistakenly stated in F due to mistake, such as a Chinese ticket at the time of drawing up the card registry at the time, etc.), each of 1/2 shares was completed in the future. Of these, C’s 1/2 shares were transferred in sequential order, and the registration of ownership transfer was completed on the ground of “sale by voluntary auction on February 13, 2004” in the Plaintiff’s future on March 2, 2004.

C. Meanwhile, D on March 7, 1967, died and attached Form D

3. The Defendants had descendants such as household records, and the Defendants attached 1/2 of the aforementioned D’s shares in the land in this case.

2. Each of the shares listed in the Defendants’ Inheritance Shares is inherited.

The defendants' inheritance share calculation formula shall be in annexed Form

4. [Reference to Calculation Table] . [Grounds for Recognition] Facts without dispute, Gap 1 through 19 (each entry, including serial numbers, and the purport of the whole pleadings;

2. A co-owner of the instant land may file a claim for the partition of the instant real estate with the other co-owners, and the Plaintiff wishes to divide the price by auction, and the Defendants also do not seem to oppose this. In full view of the shape of the instant real estate and its use status, the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind.

Therefore, it is reasonable to divide the sale price by means of selling it to auction and distributing it.

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