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(영문) 수원지방법원 2018.07.04 2016가단508467

공유물분할

Text

1. On board the ship which connects each point of which is indicated in the annexed Map No. 1 through 8, 30, 29, 28, 27, and 1 among the 20,926m2 of the forest land N in terms of emulation.

Reasons

1. Facts of recognition;

A. The Defendant M&, NonpartyO, and P shared 1/3 shares, respectively. However, on February 11, 2016, the Plaintiff completed the registration of ownership transfer as to 120/420 shares out of the aforementioned O shares.

(A) On January 19, 2016, the Plaintiff’s succeeding intervenor filed an application for intervention in succession by asserting that he/she succeeded to the Plaintiff’s right to the instant forest land on May 19, 2016 after filing the instant lawsuit on the share of 120/420, which was owned by the Plaintiff (the ground for sale on April 20, 2016), and on October 19, 2016.

The plaintiff submitted a document to withdraw from the lawsuit of this case after the plaintiff succeeded to the lawsuit of this case, and only a part of the defendants agreed to withdraw from the lawsuit of this case and finally did not withdraw from the lawsuit of this case.

B. Meanwhile, the remaining 20/420 shares out of the shares of the aboveO in the forest of this case are partially transferred, and the defendant A (1/420), B (4/420), C (2/420), D (3/420), and E (10/420) completed each registration of ownership transfer.

C. On October 13, 1981, when the pertinent P owned 1/3 shares of the instant forest, the said P died on October 13, 1981, and his/her heir was the Defendant (Withdrawal), F, G, H, I, K, and Defendant J and Q, and Q also died on August 25, 2010.

Defendant (Withdrawal) (F), G, H, I, K, and Defendant J completed the inheritance registration on October 18, 2017 with respect to the above P’s share in the name of P, and registered as the inheritance registration on October 18, 2017 by Defendant (Withdrawal), F, G, I each 2/69 share, Defendant (Withdrawal) H, K, and Defendant J, each 5/69 share, and 7/69 share.

On the other hand, with respect to Defendant (Withdrawal), F, G, H, I, and K’s total share of 16/69 shares, the said Defendants’ succeeding Intervenor L completed the registration of ownership transfer on October 18, 2017.

On October 17, 2017, Defendant F, G, H, I, and K withdraw from the lawsuit with the consent of the plaintiff. D.

As of the closing date of the instant case, co-owners’ share in the forest of this case.