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(영문) 의정부지방법원 2018.11.09 2018가단10012
공유물분할
Text

1. The Defendants shared each share indicated in the attached Form “Defendant Share List” and C.

Reasons

1. Facts of recognition;

A. The Plaintiff, the network D, Defendant 12 E, and the network F owned 1/4 shares of 23,107 square meters of forest land B in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land before the instant partition”). Defendant 1 through 11 are the deceased’s heir, and Defendant 13 through 16 are the deceased’s heir.

B. On April 30, 2015, the Plaintiff filed a lawsuit for partition of co-owned property against 12 others and 13 others, including Defendant 4 through 7, excluding Defendant 4, among Defendant 16 of the instant case, and Defendant 4 through Defendant 7 of the instant case, (the instant lawsuit for partition of co-owned property was filed against the instant land before the instant partition (this court’s 2015No15412). The comparison with the Defendants of the instant case is as follows.

Defendant 2015 Ghana15 and 15412, Defendant H(5) H(1)(1)(6)(2) G(3) G(4) G(3) G(4) G(5)(7) M(7) O(7) P(8) P(9) P(8) P(9) Q(9) Q(10) R(11) E(1) E(12) S(13) T(14(14) T(15)(12) V(13)(14) V(13)(16)

C. In the lawsuit as to partition of co-owned property, the court rendered a judgment that the Defendants share the part of 16,836 square meters of land B in Gyeonggi-do, Gyeonggi-gun, and Gyeonggi-gun, and that the part of 6,271 square meters of land C is divided into a single ownership by the Plaintiff. The above judgment became final and conclusive as it is.

As a result of the lawsuit on partition of co-owned property, the land prior to the instant partition was currently divided into 16,836m2 and C forest land 6,271m2 (hereinafter collectively referred to as “instant land after the instant partition”).

However, in the lawsuit for partition of co-owned property, the relationship between the fact that the deceased G died before filing the lawsuit is divided into the land after the division of this case, and the land before the division of this case is divided into the land after each party did not organize the name of the owner according to the judgment, and the registration of preservation of ownership has been completed in the names of the plaintiff, the deceased D, the defendant 12 E, and the deceased F, respectively.

E. As of the date of closing argument of this case, the method of dividing land after the division of this case is between the Plaintiff and the Defendants.

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