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(영문) 부산지방법원 2014.11.19 2013가합20994
공유물분할
Text

1. Of the instant counterclaim, the portion of the claim for partition of co-owned property as to the real estate listed in the separate sheet Nos. 1 through 4.

Reasons

All principal lawsuit and counterclaims shall be deemed to be filed together.

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the wife of the network H, and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the rest of the Defendants are the children of the network H.

B. The Plaintiff and the Defendants shared each real estate listed in the separate list owned by the Deceased upon the death of the deceased H by inheritance in accordance with statutory inheritance shares, 2/15 shares, 3/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, 2/15 shares, and 2/15 shares, respectively.

C. On November 8, 2013, the Plaintiff: (a) obtained the right to claim a partition of co-owned property against the Defendants as a preserved right; (b) obtained the Busan District Court’s decision on provisional disposition prohibiting disposal as to the shares owned by the Defendants among the real estate provided for in paragraphs (1) through (4) of the attached Table; and (c) completed the provisional disposition registration as the receipt of No. 44657, Nov. 8, 2013 by the Busan District Court’s private registry office.

On December 3, 2013, the Defendants: (a) drafted an agreement with Defendant B to delegate all the authority regarding the management of each real estate listed in the separate sheet to Defendant B; and (b) obtained certification from the International Law Firm No. 2325 on the same day.

E. Until the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing each real estate listed in the separate sheet, and it is impossible to divide each of the said real estate in kind.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings

2. Of the Defendant’s counterclaim claim, the lawsuit seeking partition of the co-owned property jointly owned with regard to the claim portion on the real property stated in the separate list Nos. 1 through 4 is a formative litigation, and the method of partition stated in the purport of the claim is not bound by the court. As such, the method of partition cannot be deemed an independent claim, it

Therefore, contrary to the plaintiff's assertion as to the same article jointly owned.

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