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(영문) 인천지방법원부천지원 2016.06.29 2015가단3107
공유물분할
Text

1. The part against Defendant B among the instant lawsuit is dismissed.

2. Attached Form;

2. Serial in the list;

1. Real estate;

Reasons

1. Of the instant lawsuit, the part concerning the claim for partition against Defendant B is legitimate, and the co-owner becomes the Plaintiff and all other co-owners shall be the co-defendant. As such, where the whole share of some co-owners is transferred to a third party during the lawsuit as to partition of co-owned property, and the transferee of the co-owned share remains without withdrawal, even though he/she participated in or participated in the lawsuit concerning partition of co-owned property, the part concerning the previous party who did not withdraw is unlawful.

As the lawsuit of this case, the plaintiff is jointly owned by the plaintiff and the defendants

2. On January 18, 2016, the Defendant B’s share in the ownership of each of the real estate indicated in the list was transferred to the Intervenor B (hereinafter “ Intervenor”), and the Intervenor acquired the Defendant B’s lawsuit in accordance with the court’s decision, but the Intervenor accepted the lawsuit regarding the Defendant B, the fact that the Defendant B did not withdraw from the lawsuit in this case is apparent in the record, or that the fact that it was not withdrawn from the lawsuit in this case may be acknowledged according to the purport of the respective entries in subparagraphs 1 and 4 and the entire pleadings.

Therefore, the part against Defendant B among the instant lawsuit is unlawful.

2. Determination as to the remainder of the Defendants except Defendant B and the Intervenor

(a) Attached Form 1 of the Recognition

2. Serial in the list;

1.2. Real estate (hereinafter referred to as “real estate 1”; forest land 2.

The plaintiff and the defendants are excluded from defendant B, hereinafter referred to as "the defendants".

(2) The Plaintiff solely occupies and uses the forest land No. 2, and the remaining Defendants and Intervenor C jointly occupy and use the forest land No. 1.

(However, the remaining Defendants and the Intervenor also manage forest land by means of occupying and using specific parts individually). 3rd forest land is located in the first forest land before subdivision around September 2001.

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