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(영문) 수원지방법원 2016.09.22 2015나25270
공유물분할
Text

1. Revocation of the first instance judgment.

2. The costs of auction shall be incurred from the sale of the real estate listed in the annex No. 1 to the auction.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet 1 (hereinafter “instant one real estate”), the Plaintiff, Defendant F, E, and D shared each of 4/30 shares, each of 6/30 shares, each of 6/30 shares, and Defendant H and C shared each of 1/30 shares, respectively.

B. As to the real estate listed in the separate sheet 2 (hereinafter “instant two real estate”), the Plaintiff, Defendant F, E, and G shared 4/30 shares, respectively, and the Defendant Kuwon Development Co., Ltd. (hereinafter “Defendant Kuwon Development”), the network P shared 6/30 shares, and 1/30 shares, respectively.

C. The deceased on June 25, 1993, and the deceased on June 25, 1993, and the deceased on the part of Defendant B, H, I, J, E, K, K, and net Q Q, who are the children of the network P, inherited the shares of each of the instant real estate in proportion to one-seven percent.

The deceased on Nov. 2, 2008, and the deceased on Dec. 2, 2008, as to the share of each of the instant real estate inherited by the deceased Q from the deceased P, Defendant L, who was the denial of the net Q, succeeded to 2/3 ratio by 1/3 ratio, and Defendant M, the children of the net Q, respectively.

E. The proportion of the Plaintiff and the Defendants’ co-ownership of each of the instant real estate as of the present time due to the death of net P and Q and the inheritance of their inheritors is as listed below.

The real estate of this case No. 140/1050 Plaintiffs C35/1050, Defendant F 140/1050, Defendant F 140/1050, Defendant D 140/1050, Defendant G 140/1050, Defendant B 240/1050, Defendant E 170/1050, Defendant E 170/1050, Defendant H 65/1050, Defendant H 65/1050, Defendant C35/1050, Defendant C35/1050, Defendant C 30/1050, Defendant B30/1050, Defendant J 30/1050, Defendant M10/1050, Defendant M10/30/1050, and Defendant C/105/30/1050, respectively, and Defendant C/105/105/30/105/305/30, respectively.

2. Determination on the cause of the claim

(a) Division of co-owned property by judgment shall be in principle divided in kind as far as it is possible to make a rational partition according to the share of each co-owner, and it shall be divided in kind.

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