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(영문) 전주지방법원 군산지원 2017.01.10 2015가단6147

대금분할

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the records of this case, the following facts are recognized.

A. The instant land is land registered as co-owned by the network H (1/3), network I (1/3), Defendant B (50/300), and Plaintiff (50/300).

B. Accordingly, the Plaintiff filed the instant lawsuit against the deceased H, deceased I, and Defendant B seeking the division of the instant land.

C. However, the deceased on March 26, 1983, prior to the filing of the instant lawsuit by the deceased I, succeeded to the deceased deceased deceased deceased deceased deceased deceased deceased He (Death on April 10, 1987), deceased J (Death on January 2, 2002), Defendant C, and Defendant D.

After that, as the deceased on April 10, 1987, the shares and the shares that the deceased H inherited from the deceased H were succeeded to the Defendant E, Defendant F, and Defendant G, who was the heir of the deceased H.

E. The network J inherited the deceased on January 2, 2002 inherited the deceased K (Death on July 9, 2012), the deceased L (Death on December 17, 2013), and Nonparty B inherited the deceased’s shares of the deceased J.

In addition, as the network K died on July 9, 2012, the shares of the network I inherited from the network K to the deceased L/B, and the shares of the above network L were succeeded to the non-party M/N and theO as the network L died on December 17, 2013.

2. Accordingly, on August 17, 2015, January 14, 2016, this court ordered the Plaintiff to correct the indication of the party by reflecting the inheritance relationship as above, and to correct the purport of the claim and the cause of the claim. On January 21, 2016, the Plaintiff filed an application for the correction of the indication of the party to the networkH as Defendant E, F, G, and network I’s indication as Defendant C and D, and this court permitted this.

3. However, as a result of the omission of the network I’s shares after the correction of the Party’s indication as a party to M, N, orO, this Court revises the Party’s indication by reflecting the genuine inheritance relationship with the Plaintiff following the deceased’s death on March 9, 2016; < Amended by Act No. 14086, Mar. 23, 2016; Act No. 14006, May 26, 2016; Act No. 14283, Oct. 6, 2016>