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(영문) 수원지방법원안산지원 2016.04.07 2014가합1314
공유물분할
Text

1. The plaintiff F and I's lawsuit against the defendants shall be dismissed respectively.

2. 7,219 square meters of Preamble in Si interest;

A. Attached 1. An appraisal.

Reasons

1. On September 19, 2014, when the instant lawsuit was pending, Plaintiff H completed the registration of transfer of ownership due to the sale of all Plaintiff I’s 640/5600 shares due to voluntary auction on the same day among Plaintiff I’s 7,219 square meters (hereinafter “the instant forest”).

Plaintiff

G’s succeeding Intervenor completed the registration of transfer of ownership on October 1, 2014 with respect to Plaintiff G’s 3/105 (=16020/5600/56000) shares relating to the instant forest on November 28, 2014, which was pending in the instant lawsuit, 8/630 (=7120/560700).

Plaintiff

On January 21, 2015, when the lawsuit of this case was pending, J completed the registration of transfer of ownership for reasons of sale on December 8, 2014, with respect to the total of Plaintiff F’s 32040/560700 shares out of the forest of this case from Plaintiff F.

Plaintiff

The rest of the Plaintiffs except F and I, the Plaintiff’s succeeding intervenors (hereinafter “the Plaintiff’s parties”), and the Defendants (the Plaintiff’s parties and the Defendants, collectively referred to as “co-owners of the instant forest”) share the instant forest in the same proportion as the co-ownership share list in attached Form 2.

The instant forest was included in Qua Urban Development Project, and the instant forest was determined as the reserved land for replotting, and the replotting plan was approved around June 2012.

On July 2012, the designation of the land to be reserved for replotting was notified to the owners of the above land subject to the urban development project, and on August 1, 2012, the designation of the land to be reserved for replotting was effective.

Until the closing date of the instant case, the consultation on the method of dividing co-ownership among co-owners of the forest of this case did not lead to agreement.

The shape and size of the portion divided according to the spot division method of the forest of this case asserted by the parties to the plaintiff shall be as shown in attached Form 1.

[Ground of recognition] Facts without dispute, entry of Gap 1's inherent 9 evidence (including branch numbers), the appraisal result of appraiser R, the purport of the whole pleadings

2. The plaintiff F and I's actions are legitimate.

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