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(영문) 대전지방법원천안지원 2019.04.25 2018가단2161
공유물분할
Text

1. Of each land listed in the attached list;

A. The land described in paragraph (1) is owned by Defendant B 3/15, Defendant C, D, E, F, G, and H 2/15.

Reasons

1. Facts of recognition;

A. The land listed in paragraph (1) of the Attached List No. 1 (hereinafter referred to as “land No. 1”) was jointly owned by I, J, and K in proportion to 1/3 shares, and the land listed in paragraph (2) of the Attached List No. 2 (hereinafter referred to as “B land”) was jointly owned by I, L, J, and K in proportion to 1/4 shares. On July 15, 2017, the Plaintiff purchased 1/3 shares of land No. 1 and 1/4 shares of land No. 2 from I and completed the registration of ownership transfer on August 10, 2017, and additionally purchased 1/4 shares of land No. 2 from L on August 28, 2017 and completed the registration of ownership transfer on August 30, 2017.

B. The J died on January 24, 2004. M, N, and Defendant B renounced their inheritance (Seoul Family Court 2004-Ma2696) and jointly succeeded to the property of the Defendant C, D, E, F, G, and H, the spouse of the said spouse, and the Defendant C, D, E, F, G, and H, the grandchildren (the surviving Family Court 2004-Ma2696) (the surviving Family Court 3/15, Defendant C, D, E, F, G, and H 2/15) (the shares in inheritance), after C, C, D, E, F, G, and H 2/15) and after C’s death (the death of March 6, 2015) and children, M, N’s renunciation of inheritance (the Seoul Family Court 2015-Ma4914), and Defendant B,

(Defendant B filed a qualified acceptance report with Seoul Family Court 2015Ra4913).

After the filing of the instant lawsuit, the Plaintiff purchased from K on August 20, 2018, a 1/3 share of land No. 1 and 1/4 share of land No. 2 and completed the registration of ownership transfer on August 24, 2018.

Defendant C and D, among co-owners of the land Nos. 1 and 2, did not reach an agreement with the Plaintiff on the method of dividing each of the above lands because their whereabouts are unknown, and the remaining Defendants agree that the Defendants are co-owners of the land No. 1 and the Plaintiff is the sole owner of the land No. 2.

E. As of January 1, 2018, the officially announced value of land No. 1 is KRW 78,481,600 (i.e., KRW 1,084 square meters x 72,400). The officially announced value of land No. 2 is KRW 188,457,600 (=2,344 square meters x 80,400).

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-9 (including a provisional number), and the purport of the whole pleadings

2. Determination

(a) The decision shall be based on the failure to reach an agreement;

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