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(영문) 부산지방법원 동부지원 2018.05.01 2017가단3248
공유물분할
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and M transferred part of N on June 27, 1981, while the Plaintiff and M shared the land in the annexed sheet No. 1/2, and the Plaintiff and M transferred part of N on June 27, 1981, and the Plaintiff and M shared the land in the proportion of shares in 508/13289 and N were 3273/13289

After that, after the death of M, theO succeeded to the shares of M, and theO donated the said shares to C and D on April 10, 2014.

In addition, N died on August 30, 1990, and the defendant, who is his child, succeeded to N's shares.

Since around 1994, the Plaintiff, M and N agreed to divide the land indicated in paragraph (1) of the attached list from around 1994 into the Plaintiff’s sole ownership, M’s sole ownership, and the land indicated in Paragraph (2) of the attached list into the Plaintiff, M and N’s joint ownership, the Defendant is obligated to divide the land indicated in the attached list into the claim.

2. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that N has agreed to divide the land stated in the separate sheet as stated in the purport of the claim, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

(1) If the Plaintiff seeks a partition of co-owned property under Article 268 of the Civil Act on the fourth day for pleading, the court urged the Plaintiff to change the cause of the claim accordingly, but the Plaintiff submitted a written withdrawal without changing the cause of the claim, and thus the Plaintiff is deemed to seek only the share transfer registration under the agreement.

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