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(영문) 부산지방법원 2014.09.05 2013가단231223

공유물분할

Text

1. The plaintiffs' claims against the defendant (appointed party) and the remaining defendants are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The land of this case was owned by Nonparty N and O in the first place, where the land of this case was a forest of 536 square meters in Busan-gu, Busan-do (hereinafter “instant land”).

B. Nonparty P acquired part of the shares originally owned on July 29, 1990 due to inheritance by agreement or division. The Plaintiffs received the above P shares out of the instant land in the procedure for the court Qua compulsory auction on June 11, 2013. Defendant (Appointed Party) and Defendant 1 through 3, and Defendant 6 were the holders of N orO shares in the instant land, and the ratio of shares of the Plaintiffs, the aforementioned Defendants, and the designated parties are the following table.

[Attachment 1] Plaintiff Co., Ltd. 2/21400 of Plaintiff Co., Ltd. 2, 161002 Plaintiff A 2,3667/3 (Appointed Party) B B, 181056/14000 B, 181056/21400 of the designated parties JJ 272364/21400 of L 2464/21400 of 2462807/269680 of 269680/32769/21400 of Defendant C, 214400, Defendant D 2140240/1400 of Defendant D 2140/1400 of the designated parties

C. On the other hand, N andO newly constructed reinforced concrete and universal colon-household 2 colon (hereinafter “R house”) on the ground of the instant land on October 12, 1983, and registered it on the aggregate building ledger on October 17, 1983, and registered the preservation of ownership as to each 1/2 portion on December 17, 1983, but only registered the preservation of ownership as an aggregate building.

P succeeded to the above O's shares in the R's house on July 29, 1990. The defendant (preparty) and the remaining Defendants owned Nos. 109, 110, 110, 107, 107, 103, 105, 105, 101, 105, 104, 108, 108, 102, 102, and 106, 106, respectively.