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Reasons
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(영문) 창원지방법원 2018.09.20 2018가단2472
공유물분할
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1. Each of the lawsuits against Defendant D, E, F, and G by the Selection Party shall be dismissed.

2. Of the real estate listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet No. 2 list (for the foregoing, 338/1,607, 350/1,607, 235/1,607, 225/1,607, 297), Defendant C (297/1,607), Defendant D, E, E, F, and G’s succeeding intervenors (1,607/1,607) share the above shares.

B. On August 1, 1998, Defendant D, E, F, and G died of L, which owned 142/1,607 of each of the instant real estate, and succeeded thereto. On May 10, 2018, the instant lawsuit was pending, Defendant D, E, F, and G’s succeeding intervenors, sold it to H and completed the ownership transfer registration procedure.

C. Around July 2018, the succeeding intervenor H consented to the division of each of the following real estate during the period of time by the Plaintiff Selection Party I, the Selection Party J, the Selection Party K, K, the Defendant C, the Defendant D, E, F, and G.

1) The real estate listed in paragraph 1 of the attached list 2 is owned by Defendant C, 2) by Defendant C, 1, 3) by the Selection for the real estate listed in paragraph 3 of the same list, J, 4) by the Selection for the real estate listed in paragraph 4 of the same list, K, 5) by the Selection for the real estate listed in paragraph 5 of the same list, 6) by the Selection for the real estate listed in paragraph 6 of the same list, 6) by the Selection for the real estate listed in paragraph 7 of the same list by Defendant D, E, F, G’s successor, H, 7) by each of the Defendant B.

2. Determination

A. The Plaintiff’s designated party to the lawsuit against Defendant D, E, F, and G filed the lawsuit of this case on the premise that Defendant D, E, F, and G own share of each real estate of this case. However, as seen earlier, the Defendants sold all their shares of co-ownership with respect to each real estate of this case.

Therefore, the lawsuit for partition of co-owned property against Defendant D, E, F, and G is unlawful.

B. The plaintiff.

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