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(영문) 대전지방법원공주지원 2020.10.22 2019가단22912

공유물분할

Text

1. Of the instant lawsuit, the part concerning the claim for partition of co-owned property as to each real estate listed in [Attachment 1] 1 and 2 shall be dismissed.

Reasons

1. According to the records on the claim for partition of co-owned property as to each real estate listed in the separate sheet Nos. 1 and 2 of the separate sheet No. 1, the real estate listed in the separate sheet No. 1 list No. 1 list is recognized as co-owned by Plaintiff A, B, and Plaintiff B, C, D, E, and F. The plaintiffs filed a lawsuit to the effect that the real estate listed in the separate sheet No. 1 list No. 2 of the above real estate belongs to Plaintiff A, and the real estate listed in the separate sheet No. 1 list No. 1 list No. 2

However, the conflict between the parties in civil procedure and the plaintiff cannot file a claim against the defendant against the other plaintiff. Thus, the part of the claim for partition of co-owned property as to each real estate listed in [Attachment 1] 1 and 2 among the lawsuit in this case is unlawful.

2. Part concerning the claim for partition of co-owned property as to real estate listed in Appendix 1 List

A. On June 11, 2009, Plaintiff A filed a co-owned property partition lawsuit against co-owners on the land of 2690 square meters in M forest land (the land before dividing it into each real estate listed in the separate sheet No. 1 list) at the time of official land ownership around 2008. On June 11, 2009, Plaintiff A rendered a judgment on partition of co-owned property with the purport of dividing it into N,O, Defendant I, J, K, L and P, Q, Q, and R-ownership (the Daejeon District Court’s official land ownership 2008Gadan3565). However, the above judgment was not completed on the real estate listed in the separate sheet No. 1 list No. 3 of the co-owner, but thereafter R, N, and P shares were not completed on the real estate stated in the separate sheet No. 1 list No. 3 of the co-owner, and Plaintiff C’s shares were transferred to the Plaintiff and the Defendants, as of the death of Q Q.

3. The plaintiffs filed for the partition of co-owned property in accordance with the purport of the above judgment as to the real estate listed in [Attachment 1 List 3].