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(영문) 부산지방법원 2018.02.21 2015가합49197
공유물분할
Text

1. The plaintiff's action against the defendantO shall be dismissed.

2. From among the 3,967m2 in Busan Jin-gu Am2.

(a)indicating the annexed drawing;

Reasons

1. Basic facts

A. The deceased AX owned 220/39,670 of 39,670 square meters of the Busan-gu AW Forest (hereinafter “instant land”). However, the deceased on July 25, 1992, prior to the instant lawsuit, Y died on October 5, 1980.

Accordingly, Defendant AB, AC, AD, AE, AE, and AF, who are the spouse of the network AY, jointly inherited the network AG, AH, AI, AJ, and K, which are the other children of the network AX, together with the Defendant AG, AH, AI, AJ, and AK.

Defendant AA acquired 78 of the above shares (i.e., 1/6 x 3/13), Defendant AB, AC, AD, AE, AE, and AF from 78 of the above shares (i.e., 1/6 x 2/13), respectively, and Defendant AG, AH, AI, AJ, and AK from 13/78 of the above shares (=1/6).

B. The Network AZ owned 130/39,670 of the instant land, but died on November 4, 1994, before the instant lawsuit was filed, and Defendant AL and his/her child, Defendant AM, NN, and AO jointly succeeded to the property of the Network AZ.

Defendant AL acquired 3/9 of the above shares, 2/9 of each of the above shares.

C. The deceased BA owned 140/39,670 of the instant land, but died on June 2, 2006, before the instant lawsuit was filed, and Defendant X, I, Y, and Z jointly inherited the deceased’s property.

Defendant W acquired 3/11 of the above shares, respectively, part of Defendant X, I, Y, and Z, respectively. D.

The networkB owned 281/39,670 of the instant land, but died on February 25, 2008, before the instant lawsuit was filed, and Defendant T, U, and V jointly inherited the property of the networkB.

The network BC acquired 3/9 of the above shares, and Defendant T, U, and V acquired 2/9 of the above shares.

E. The net BC succeeds to the portion of 1,160/39,670 of the land of this case = from the existing 39,670/39/39/670.

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