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(영문) 수원지방법원 2018.09.20 2017나84648
공유물분할
Text

1. The appeal is dismissed.

2. The appellant shall bear the costs of appeal.

Purport of claim and appeal

O's purport:

Reasons

1. On April 10, 2012, the Plaintiff purchased the shares (13230/130) owned by Nonparty BE out of the instant land from the process of compulsory auction (U.S. District Court GD).

(2) At the time of the Plaintiff’s acquisition of the above shares as co-owners of the land of this case on the basis of the registry, there were not only A (150 shares), Defendant H (70 shares in 889), Defendant I (153 shares in 153 shares in 889), Defendant J (2,667 shares in 136 shares in 136/267), AR (136/267 shares in 26), AP (23/89 shares in 23/19 of 23/197), AP (name A Q as of March 31, 1988), AO (7/136 shares in 79/19 of shares in 198), AS (136/136 shares in 1979) and AL (289/158) shares in the name of the Defendant (AL) on December 4, 1979.

(3) However, among the above co-owners, AR, AP, AO, and AS had already been killed and ① The shares of AR are: (i) Defendant K, L, N,O, P (or Defendant 5 through 10); (ii) The shares of AP are the shares of Defendant Qua, R, S, T, U, U, AB, AC, AD (or Defendants 11 through 15, 22 through 24); (iii) the shares of AO are the shares of Defendant V, W, X (or physical disability third); (iv) the shares of AS are the shares of Defendant AE, AF, AG, AH, AI, AJ, and AJ (or Defendants 25 through 31) jointly inherited or inherited, but the registration of ownership transfer was not completed due to inheritance.

(4) The Plaintiff filed the instant lawsuit on July 4, 2012. On November 15, 2012, when the first instance court’s lawsuit was pending, Defendant B, C, D, E, F, or G due to the death of A among co-owners on November 15, 2012.

F. Defendant F and G are the successors to the case.

(5) On October 13, 2014, Defendant AL jointly succeeded to A’s shares. (5) In addition, on December 29, 2014, the succeeding intervenor transferred his/her shares to AM and filed an application for succession participation with respect to Defendant AL on December 29, 2014, and Defendant AL withdrawn from the instant lawsuit. (6) The shares of the Plaintiffs and the Defendants are as indicated in the separate co-owner’s shares in the separate co-owner’s shares in the separate sheet. (7) However, on the instant land, the land is indicated in the position indicated in the “the current status of the building.”

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