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(영문) 전주지방법원 남원지원 2018.06.08 2017가단11965
공유물분할
Text

1. The Plaintiff’s ownership of the land of 12,303 square meters in the Jeon Chang-gun, Jeonbuk-gun, and the land of 61,516 square meters in T forest (attached Form 1) shall be recorded in the final share sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit for partition of co-owned property under the order of 201Ga3245 of this Court, as co-owners of 73,819 square meters of land in the Jeon Chang-gun, Jeonbuk-gun, the land prior to the partition of each land as indicated in paragraph (1) of this Article (hereinafter “land prior to partition”).

On February 21, 2014, the court rendered a judgment to the effect that the part of the land before subdivision is owned by the Plaintiff, and that the part of the land of 12,303 square meters of land (hereinafter referred to as “one land”) among the land before subdivision is divided into co-ownership by the remaining co-owners.

The above ruling was finalized on May 26, 2016 through the appellate court and the final appeal.

B. The Plaintiff, in accordance with the foregoing judgment on July 11, 2016, divided 12,303 square meters of the land before subdivision into the first land and found out the circumstances where part of the co-owners were omitted from the Defendant during the process of the said lawsuit while completing the procedure for the registration of ownership transfer.

Accordingly, the plaintiff filed a lawsuit for partition of co-owned property as the court 2016da11371.

On June 28, 2017, the above court rendered a ruling to the effect that the land No. 1 is owned by the plaintiff and the land No. 2 is divided into co-ownership by the remaining co-owners.

The above judgment became final and conclusive around that time.

C. However, the Plaintiff omitted part of the co-owners in the above litigation process, and came to bring the instant lawsuit again.

As co-owners of the land Nos. 1 and 2 of this case, the Plaintiff and the Defendants are equal to the current share sheet (attached Form 2), and there was no agreement on the division between the Plaintiff and the Defendants until the closing date of the argument in this case.

[Grounds for recognition] Each entry of Gap evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the facts based on the facts, one of the co-owners may file a claim against the Defendants, who are the remaining co-owners, for the partition of the land Nos. 1 and 2, unless there are special circumstances.

B. Method of partition of co-owned property

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