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(영문) 광주지방법원목포지원 2019.06.12 2016가단52881

공유물분할

Text

1. Of the claims filed by the independent party intervenor, 56,331/56,331/10 of the defendant C with respect to the 57,723 square meters of Hananan-gun, Seoul-gun.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be judged together.

1. Basic facts

(a) An intervenor is a clan of its unique meaning that is made a joint set of the J, 18-year-old descendants.

B. The Intervenor held title trust with the Plaintiff, Defendant D, and Dong K, a clan, the Plaintiff of the instant forest that owned H 57,723 square meters (hereinafter “the instant forest”). On October 5, 1993, the said title trustee completed the registration of ownership transfer as to each of 1/3 shares of the instant forest among the instant forest land.

C. As to the shares 3,738/56,331 of the shares in the Plaintiff’s Plaintiff’s shares in the instant forest, as to the shares 56,337/31 of the shares in Defendant D and Dong K each in the name of Defendant D and Dong K, the registration of ownership transfer was completed in the name of Defendant B (B) Co., Ltd. (B) on April 17, 2014, as the receipt of the Gwangju District Court Decision 16196, Jan. 24, 2014 for the sale on April 24, 2014.

The network K died on June 18, 2015, and Defendant C, Defendant E, and F, the spouse, succeeded to K.

[Ground of recognition] A without dispute, Gap evidence Nos. 3-1, 7-7, Eul evidence Nos. 8, the purport of the whole pleadings

2. Judgment on the lawfulness of the Intervenor’s participation

A. (1) On May 1, 2019, the Intervenor filed a lawsuit against Defendant C, E, and F in accordance with the judgment as to the legitimacy of the claim against the shares 6,446, 56,331, 56,331, and 4,297, respectively, against Defendant E, and F, and the said court rendered a final judgment on May 1, 2019 with respect to the shares 6,431,631, as to the forest of this case, on the ground of the cancellation of title trust on January 31, 2019, as to the shares 6,431, 56,331, 4,297, as to the forest of this case, and the shares 56,331, as to the forest of this case, on January 31, 2019, the lower court rendered a final judgment on January 31, 2019 (hereinafter referred to as “the ownership transfer registration”).