공유물분할
1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3.Annexed in the Schedule.
1. Facts of recognition;
A. Before subdivision, the Dong-gu Seoul Special Metropolitan City E Forest land 61,599 square meters (hereinafter “Before subdivision”) was owned by the networkF. Of these, the registration of partial transfer of ownership in the network name was made on October 15, 1986 by the court No. 38349, Oct. 15, 1986, with respect to the share 330.58/61,59 square meters among them.
B. On July 8, 1997, the land before subdivision was divided into four parcels outside the instant land.
C. As the deceased on January 3, 199 on the deceased on January 3, 199, H, I, J, K, L, and M (hereinafter collectively referred to as “the deceased F’s heir”) succeeded to the deceased F’s share (61,268.42/61,59 shares) of the deceased F in the instant land.
On September 22, 2017, the Plaintiff concluded a sales contract with the content that the heir’s share (H’s share 14,138.8615/61/61,59 in the case of H), I, J,K, L, and M’s share in the instant land (as for H, shares 9,425.97/61,59 in each case of 9,425.9107/61,599 in each case of 9,425.9107/699 in each case of 9,425.9107/699), which is the heir of the deceased F’s own share, and completed the registration of transfer in the Plaintiff’s name on September 22, 2017 as of September 27, 2017.
E. On February 5, 2020, the Plaintiff entrusted the Plaintiff’s share in the instant land to the Intervenor succeeding to the Plaintiff (shares 61,268.42/61,59). On the same day, the Plaintiff’s heir succeeded to the Plaintiff entrusted the Plaintiff’s share in the said co-ownership of the Plaintiff on February 5, 2020, as the receipt of the Plaintiff’s share on February 5, 2020 and the transfer registration based on the trust was completed on February 5, 2020.
F. Meanwhile, Defendant B is the wife of the network G, and Defendant C and Defendant D are the children of the network G.
As the network G died on December 13, 2004, the Defendants inherited the network G’s share in the instant land (330.58/61,59 shares) on the same day.
[Ground of recognition] The facts without dispute, Gap's 1, 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), 6, Gap's or 1, and the purport of the whole pleadings
2. Determination
A. According to the facts of recognition of the claim for partition of co-owned property, the plaintiff succeeding intervenor.