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(영문) 수원지방법원 2017.06.14 2015가단137479
공유물분할
Text

1. The plaintiffs are the plaintiffs with the remaining amount calculated by deducting the auction cost from the price, by selling a 2,767 square meter prior to AC in Masung-si.

Reasons

1. Facts of recognition;

A. The Plaintiffs, the descendants of the network AD, the Defendants, the network AE, the network AF, and the network AG, completed the registration of ownership transfer on January 17, 2005 with respect to the land of 2,767 square meters (hereinafter “instant land”) prior to the AC in Sung-si due to inheritance on June 10, 1971 after the death of the AD.

B. In the death of co-owner AE, Plaintiff H, J, I, and K inherited 1/4 shares of co-ownership of E.

C. AG died on November 28, 2013; AH, who is a property inheritor, has renounced inheritance; AG’s next priority property heir, who is a type of property heir, is R, S, and T.

Defendant S and T renounced the inheritance of the property of AG on April 18, 2014, and Defendant R inherited the property of AG solely.

Plaintiff

G on September 16, 2014, the entire transfer registration for AF shares was completed on December 4, 2014 due to inheritance by agreement division.

E. As Defendant X died on December 2, 2015, Defendant Y, Z, AA, and AB (AI) took over the instant legal proceedings.

F. Of the instant land, the right to collateral security was established on the AG equity 756/17325, and the Defendant S equity 504/17325 and the 504/17325 of the shares of the Defendant T was provisionally seized.

G. The final co-ownership of the Plaintiffs and the Defendants’ final co-ownership of the instant land is as specified in the list of shares in the separate sheet.

H. There was no partition prohibition agreement between the Plaintiffs and the Defendants on the instant land, and there was no agreement on the partition method of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 24, the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiffs, co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land, which is jointly owned pursuant to Article 269(1) of the Civil Act.

As to the method of partition of co-owned property, it is by a trial.

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