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(영문) 수원지방법원여주지원 2019.10.10 2016가단2453
공유물분할
Text

1. The Plaintiff shall sell 540 square meters prior to U.S. to an auction and the remainder after deducting the auction cost from the price.

Reasons

1. Facts of recognition;

A. The instant land is owned by the Plaintiff, Defendant B, C, and F, respectively, with 1/6 shares (or 1890/11340 shares, respectively, if the share is converted into 11340 shares), Defendant D, and E respectively with 1/12 shares (or 945/11340 shares, respectively, if the share is converted into 11340 shares).

B. As to the remaining 1/6 portion of the instant land on June 14, 1997, V, who is its husband, succeeded to W, X, Y, and Defendant G, H, I, and M. As the wife died on December 8, 2010, W succeeded to Defendant N,O, and P, whose share of inheritance is its mother, and as X died on March 23, 1982, it was inherited to Defendant Q Q, Defendant R, S, and T, whose husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s wife’s wife’s husband’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s husband’s wife’s wife’s husband’s wife’s wife’s husband’s husband’s wife’s

The share of co-ownership according to the shares of each of the above defendant's successors, who are the deceasedV, is as specified in the "share of co-ownership" in attached Table 3.

C. The instant land is farmland and its form is not changed as shown in the annexed Form 1, and only part is adjoining to the road to which a contribution is made.

Of the instant land, the provisional disposition registration in the name of the non-party AB species (hereinafter "non-party AB clan") was completed on March 8, 2010 by the claim for ownership transfer registration on the ground of the cancellation of title trust on March 8, 2010 with respect to the shares of the net V, Z (the shares of the Defendant E, D), AA’s shares (the shares of the Defendant C), Defendant B, and F.

E. The Plaintiff and the Defendants did not reach an agreement on partition of co-owned property until the closing date of the instant argument.

[Reasons for Recognition: Entry of Evidence No. 1 and purport of the whole pleadings]

2. Determination on this safety defense

A. Defendant B, F, and C are merely a title trustee who is not the real estate owner of the instant real estate and was merely a title trustee who is the actual owner of the instant clan, and thus, the instant lawsuit against the Defendants was unlawful or disqualified.

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