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(영문) 대전지방법원 홍성지원 2018.12.26 2017가단6634
공유물분할
Text

1. It shall be sold to auction the answer 3,157 square meters and the answer 1,594 square meters in Chungcheongnam-gun budget-gun, Chungcheongnam-gun, and the auction costs shall be incurred from the proceeds thereof.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 7/14 shares among each land stated in the purport of the claim (hereinafter “each land of this case”), Defendant B’s share 6/14 shares, and Defendant C’s share 1/14 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

【Ground of recognition】 Evidence A 1-1 and 2-2, the purport of the whole pleadings

2. Determination

A. As seen above, the Plaintiff, a co-owner of each of the above lands, and the Defendants did not reach an agreement on the method of subdivision. Therefore, the Plaintiff, a co-owner, may file a claim for judicial subdivision against the Defendants, a co-owner.

B. Furthermore, we examine the method of division.

In full view of the following circumstances acknowledged by the purport of the entire pleadings, it is reasonable to sell and divide each of the instant lands by auction, taking into account the descriptions of Gap evidence Nos. 1 through 5 (including paper numbers) and the fact-finding with respect to Fuleul Fund of this Court

① Each of the instant lands bears ten lifelong members of the G church and the H organization share a half of the purchase price in around 1989, and completed the registration of shares 1/2 under the trust of Defendant B, with the remainder of the buyers’ share in the trust of Defendant B.

The plaintiff, who is the wife of I, was donated the shares of I.

② From April 2013 to July 2014, I appears to have purchased approximately 300 square meters from the actual owners of the shares trusted to Defendant B and paid the price.

③ Around 2006, Defendant B created a right to collateral security with respect to his share, and around 2015, Defendant B submitted to the mortgagee a written confirmation of shares of the deceased I, the husband of the Plaintiff. The written confirmation of shares indicated (a) and (c) of the purport of the claim as part corresponding to I’s share.

Each of the above circumstances is an favorable circumstance for the division of goods in kind according to the Plaintiff’s assertion.

④ However, with respect to each share of the Plaintiff and Defendant B, the FF Saemaul Savings Depository is set up.

The above credit cooperative shall be above.

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