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(영문) 창원지방법원통영지원 2019.08.20 2019가단22097

공유물분할

Text

1. The Plaintiff:

A. Defendant B, C, E, K, and L are included in the list of co-ownership shares, etc. by Defendant in attached Form 1 among the 1,013 square meters of SP land at macro-si.

Reasons

1. Facts of recognition;

A. On October 10, 2006, T has completed the registration of ownership transfer with respect to shares of 947/1,013 square meters of S Forest Land 1,013 square meters (hereinafter “instant land”) among the aforesaid land on the same day by U, V, Defendant B, and Defendant C.

B. V died on November 23, 2013. ① Defendant E, Defendant G, F, H, and ② V’s female, Defendant D, ③ Defendant I, Defendant I, and V’s son X (Death on June 2, 2018), the wife of Defendant O, children of Defendant P, Q, R, and V’s three South-North Y (Death on February 16, 2009) (Death on April 28, 2015), the mother of Defendant K, Q, R, and child Z (Death on April 28, 2015) were divorced on March 23, 2006. < Amended by Act No. 13737, Mar. 23, 2006; Act No. 13374, Feb. 16, 2009>

⑤ Defendant M, 6-3 women of V, jointly inherited the share of V in relation to the instant land, as indicated in the table of the Defendant’s co-ownership, etc., [Attachment 1] Nos. 3 through 17 and “calculated shares in inheritance.”

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

The Plaintiff filed a lawsuit for partition of co-owned property (hereinafter “related case”) against the remaining co-owners, other than Defendant J, under the Changwon District Court Tong-gu Branch 2017Gadan22789, and the said court rendered on January 10, 2018 that the said co-owners shall be compensated for the value of shares owned by the Plaintiff, and at the same time, the said co-owners shall be compensated for the value of shares owned by the Plaintiff, and the Plaintiff shall comply with the procedure for ownership transfer registration.

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

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, one of the co-owners of the land of this case shall have the co-ownership right.