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(영문) 수원지방법원 평택지원 2018.08.08 2017가단50667
공유물분할
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On February 10, 1958, the non-party 1, who is the owner of the 4th 4th 6th flux of T Forest land (hereinafter “the land before subdivision”) divided and sold the land before subdivision to Defendant V, A, and Non-party 1, etc., and let each purchaser own the specific portion of the land, but the registration was completed by concluding a mutual title trust agreement for the transfer of shares equivalent to the ratio of the area of the specific land to the entire land before subdivision.

B. The land before subdivision was divided into T forest land (the parcel number is changed to X after subdivision) and Y or Z land (hereinafter “divided land”; hereinafter “divided land”). The ownership relationship and share ratio of the land before subdivision were divided in the process of subdivision.

C. The land purchased by Nonparty W, among the lands before subdivision from Nonparty W, by specifying the land before subdivision from Nonparty W is the land of Pyeongtaek-si 595 square meters in the divided land (hereinafter “instant land”). D.

Based on the termination of mutual title trust by each sectional owner of the land before subdivisions, including Defendant V, AA, and AB, lawsuits were filed in order from around 1994 to around 2008 for promoting the sole ownership transfer registration by each sectional ownership. Of the lands divided through a final judgment in favor of each party, Y, the land in this case and the remainder of the land divided except AC were all divided by each sectional owner.

E. Of divided lands, the actual sectional owners of AC land is Defendant AD, and in the case of Y land, the actual sectional owners are not identified at present.

F. As to the instant land, Defendant O, P, Q, and R succeeded to the status of the network W, which is the sectional owner of the instant land, according to the same ratio of shares.

G. As between December 12, 2016 and June 9, 2017, the Plaintiff shares each of Defendant V, AA, D, and AB with respect to the instant land.

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