logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.01.11 2016가단84081
공유물분할
Text

1. The real estate listed in the separate list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

Reasons

1. Each real estate listed in the separate sheet of facts (hereinafter “instant real estate”) was owned by T, U, V, W, X, and Y in 1/6 shares.

T on May 5, 2005, and his heir died, there were the Z(s), the Defendant C(ma), the Defendant D(ma), the Defendant E, the Defendant F(ma), the Defendant G(ma), and the Defendant H(C). On February 9, 2009, the Z died and eventually, the said Defendants equally inherit the shares of T on the instant real estate.

Accordingly, the shares of Defendant C, D, E, F, G, and H in the instant real estate are 1/36.

① Of the 1/6 shares of T on the instant real estate, the ownership of the instant real estate was inherited by the Defendant C, D, D, E, F, G, and H 2/15 shares. ② The ownership of the instant real estate was inherited by the Defendant C, D, E, F, G, and H 1/6 each.

Ultimately, Defendant C, D, E, F, G, and H inherit each 1/6 (i/6) shares of T in succession (i/6) x 1/6) x 1/15 x 3/15 x 1/6). As such, the final shares in the instant real estate are 1/36 (i/6 x 1/6).

U died on December 27, 2011, and his heir is Defendant I (C), Defendant J (C), Defendant K (W), Defendant L (W), and Defendant M (M).

Therefore, the share of the instant real estate is 1/22 by Defendant I, Defendant J, K, L, and M, respectively.

① Of U’s 1/6 shares in the instant real estate, Defendant I inherited 3/11, Defendant J, K, L, and M, each of 2/11 shares.

Therefore, the shares of Defendant I are 1/22(1/6 x 3/11), Defendant J, K, L, and M are 1/33(1/6 x 2/11) respectively.

W was deceased in 1959, and ASEAN was a sole heir, but AA died in 1965, and his heir was a defendant N (Chonam, Australia's heir), defendant Qu, defendant AB (Seoul), and defendant S (she is unmarried at the time of her funeral).

Therefore, the shares of the instant real estate are Defendant N1/16, Defendant Q and AB, each of 1/24, S1/48.

① The 1/6 shares in W on the instant real estate was entirely inherited by the head and South A, and ② Defendant N, who is the head and heir of Australia, 3/8 and 8.

arrow