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(영문) 수원지방법원여주지원 2020.02.13 2017가단53205
공유물분할
Text

1. The plaintiff's lawsuit against defendant AK shall be dismissed.

2. The BA 2294m2 and BB 1240m2 shall be put to auction.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 1/5 shares (=69,615,000/348,075,000), each of the 1/5 shares (i.e., 69, 615,000/348,075,000), among the 2294m2 and BB 1240m2 (hereinafter “each of the instant lands

B. Defendant B, D, E, F, G, H, I,W, AX, AY are successors or substitute successors who succeeded to their property on January 23, 1992 by the deceased on January 23, 1992.

C. Defendant J, K, L, M, N, P, Q, R, T, U, V, X, Y, AB, Z, AC, AE, AE, AF, AH, AI, AJ, AK, AK, AL, AM, and AO are successors or substitute successors who inherited the deceased on August 7, 1965 by the deceased net BD, the ownership of 1/5 shares of each land of this case.

(NN’s children, died on August 5, 2019, and on August 13, 2019, Defendant AO and children, the spouse of NN, the BE, and BF agreed on the division of inherited property with the purport that the shares of NN in each of the instant land shall belong to Defendant AO on August 13, 2019. The Intervenor taking over the Defendant K (hereinafter “Defendant AK”) completed the registration of ownership transfer on October 22, 2019 with respect to the entire shares of Defendant AK among the instant land on October 4, 2019.

Defendant AP, AU, Defendant (Appointed Party) and Selected BG are successors or substitute successors who inherited their properties on November 25, 1980 due to the death of the deceased on November 25, 1980.

E. Defendant (Appointed Party) and appointed parties BI, BJ, BK, and BL are successors who succeeded to their property on April 20, 201 by the deceased on the part of the deceased on April 2001.

F. Each co-ownership of each of the instant land by the remaining Defendants except Defendant AK, Defendant (Appointed Party) and the respective designated parties in the separate sheet, Defendant AK (hereinafter in this case, referred to as the above Defendants, Defendant (Appointed Party), each of the designated parties in the separate sheet, and Defendant AK’s multiple intervenors, respectively.

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