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(영문) 수원지방법원 2021.02.09 2019가단573158
공유물분할
Text

1. All of the plaintiffs' lawsuits against Defendant G, H, and I are dismissed.

2. Mountainous-si J-si area of 32,113 square meters;

A. Attached 1.

Reasons

1. Basic facts

A. On December 21, 2016, Jin-si, Busan, Jin-si (hereinafter “Jin-si”) was divided into 32,113 square meters of Jin-si (hereinafter “Jin-si”) and 661 square meters of L forest (hereinafter “Lin-si”), ③ 661 square meters of M forest (hereinafter “M forest”), ④ 20,420 square meters of K forest (hereinafter “K forest”).

B. Defendant I and H filed a lawsuit claiming partition against Defendant N et al. against the co-ownership of the J-owned shares in the remaining J-owned shares in this court. On December 14, 2017, Defendant I and H filed a lawsuit claiming partition against Defendant N et al. (2017Ga group 4573). This court divided M forest land as owned by Defendant I, M forest land as owned by Defendant H, and J forest and K forest as owned by Defendant H after division, and divided into J forest and K forest as owned by Defendant N et al., according to each share indicated in the “share of Co-ownership” column in attached Table 2.

The judgment "(hereinafter referred to as "related judgment") was pronounced, and related judgment became final and conclusive around that time.

【Ground for Recognition】 1-1 and 4-1

2. We examine the legitimacy of this part of the plaintiffs' lawsuits against Defendant G, H, and I ex officio determination as to the legitimacy of the lawsuits against the plaintiffs.

In addition to the purport of Gap evidence 1-1 and 2- Each statement, defendant G donated shares of 16,530/525,325 on October 12, 2018 to defendant GO, and completed the registration of ownership transfer on the same day. ② On October 6, 2020, he donated shares of 16,530/525,325 on his own among K forest on October 6, 2020, and completed the registration of ownership transfer on the same day (including donations, such as 1,653/53/53,855 shares, which were included in the registration of ownership transfer on the same day. However, as seen thereafter, since the relevant judgment became final and conclusive, Defendant G’s share of 1,653/53,85 shares on the forest before division x 16,5361 x 2565 x 165 x 365 x 15 x 255 x 165 x 5365 x 5 15 x 5 x 5 5 x 165 x 5 -5 -5 - 5 -5 - 15 - - - 5 - 5 - - - 15 -

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