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(영문) 대구지방법원김천지원 2017.07.27 2015가단1969
공유물분할
Text

1. Of the real estate listed in the separate sheet (1), each point in the separate sheet (2) No. 1, 2, 3, 4, 12, 11, 10, 9, 8, and 1 is shown in the annexed sheet (2).

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (1) (hereinafter “instant real estate”) was owned by the networkF. On August 29, 1996, the transfer registration for shares 33,058/43,240 out of the net G was completed due to sale.

B. The deceased F was killed on March 30, 201, and the Defendant inherited the deceased’s share 10,182/43,240 through the division of inherited property.

C. The net G died on September 30, 2009, and his share 33,058/43,240 finally succeeded to the Plaintiffs, who are children as listed below.

A 12,396.75/43,240 2 B 12,396.75/43,240 3 C 4,132.25/43,240 4 D 4,132.25/43,240 4 D 4,132.25/43,240 33,058/43,240

D. Although the plaintiffs and the defendant agreed on the division of the instant real estate, they did not reach an agreement on the division method by the date of closing the argument in the instant case.

E. The Defendant’s graves are located in the vicinity (the vicinity of the line between 1 and 8) of the attached Form No. 1(b) (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, entry of Gap's evidence Nos. 4 through 7, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs' assertion 1) On August 17, 1996, G purchased the remainder of the real estate of this case, other than the land of this case, from the deceased F, in the amount of KRW 130 million, and only registered shares by failing to conduct the partition survey at the time. Therefore, the real estate of this case should be divided according to the terms of the sales contract concluded between the deceased. 2) The defendant's assertion G purchased shares only from the deceased F on August 22, 1996.

In the vicinity of the land at issue of this case, since there are graves on the part of the defendant, the part connecting that part shall be divided as owned by the defendant.

B. 1) The conclusion of a sales contract and the occurrence of the right to claim a partition of co-owned property, “A” (the Defendant asserts that the above sales contract was forged, but the witness.

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