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(영문) 창원지방법원통영지원 2019.02.19 2018가단24805

공유물분할

Text

1. The Plaintiff:

A. Defendant C, D, F, L, and M are included in the list of co-ownership shares, etc. by the Defendant among the 1,013 square meters of P tree in macro-si.

Reasons

1. Facts of recognition;

A. On October 10, 2006, Q has completed the registration of ownership transfer with respect to the portion of 947/1,013 square meters of P forest land 1,013 square meters (hereinafter “instant land”) among the above land on the same day. R, S, Defendant C and Defendant D completed the registration of ownership transfer with respect to each share of 16.5/1,013 of the above land on the same day.

B. On November 23, 2013, S died. ① Defendant F, Defendant H, G, I, and ② Defendant E who is the head of S, Defendant E, the children of S, ③ Defendant J, Defendant J, IV, S’s vehicle South-North K, ⑤ Defendant 3 South-North U (Death February 16, 2009) who is the mother of Defendant L, M, and children V (Death on April 28, 2015) (Death) was divorced on March 23, 2006 by Defendant B and U, the mother of Defendant B, the 3 South-North U (Death on April 28, 2015).

④ Defendant N, 6. Defendant N, 3 women of S, jointly inherited the share of S in relation to the instant land, as indicated in the table of co-ownership, etc. by the Defendant Nos. 3 through 14, as indicated in the table of co-ownership, etc. by the Defendant.

C. On April 19, 2017, the Plaintiff purchased shares of 947/1,013 of the instant land from Q, and shares of 16.5/1,013 of the instant land from R, respectively, and completed the registration of ownership transfer on May 22, 2017.

On January 10, 2018, the Plaintiff filed a lawsuit for partition of co-owned property (hereinafter referred to as “related case”) against the remaining Defendants, other than Defendant W, as the Changwon District Court Tong-gu Branch 2017Gadan22789, and the said court rendered a judgment ordering the said Defendants to implement the procedure for ownership transfer registration on each of the instant land’s owned shares, while receiving compensation from the Plaintiff for the value of each owned share.

E. In the relevant case, the Plaintiff confirmed the omission of Defendant W, one of the co-owners of the instant land, and filed the instant lawsuit against Defendant W, and added the remainder to the co-defendant.

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

[Ground of recognition] A.