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(영문) 청주지방법원 2014.10.23 2013가단7813
공유물분할
Text

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

2. As to the 8,241 square meters of forests and fields D in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, the attached appraisal map shall also be made.

Reasons

1. Facts of recognition;

A. The instant land is owned by Plaintiff 15/90 shares, Defendant (Appointed Party) B 38/90 shares, Appointed E 18/90 shares, and F19/90 shares, respectively.

[Defendant C owns 3/90 shares and the above shares are sold by public auction, and on March 21, 2014, Defendant B (Appointed Party) acquires 2/90 shares and 1/90 shares, respectively).

By the closing date of the instant pleading, the parties did not reach an agreement on the method of dividing the instant land.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 1 to 4, each entry, and the purport of the pleading

2. The facts that Defendant C’s share in the instant land was transferred to Defendant (Appointed Party) B and Appointed F after the instant lawsuit was filed, as seen above, regarding the legitimacy of the lawsuit against Defendant C. As such, the Plaintiff’s lawsuit against Defendant C is unlawful on the grounds that the Plaintiff’s standing to sue exists.

3. Determination as to the claim against the defendant (appointed party) and the designated parties

A. According to the facts acknowledged above, the Plaintiff, as one of the co-owners of the instant land, may claim the partition of the land jointly owned by this court pursuant to Article 269(1) of the Civil Act against the Defendant (Appointed Party) who is the remaining co-owners and the designated parties based on his co-ownership.

B. (1) The method of partition of co-owned property is a litigation for formation, and the co-owned property is the subject of sole ownership through the exchange or sale of shares among co-owners, and the co-owned relation as to the subject matter is resolved. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-owned relation or the whole situation of the subject matter, without being able to seek a partition of co-owned property, according to free

(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, and Supreme Court Decision 97Da18219 delivered on September 9, 1997, etc.). (2)

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