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(영문) 대전지방법원서산지원 2016.07.19 2014가단3964
공유물분할
Text

1. Each of the plaintiffs' lawsuits against Defendant A and B shall be dismissed.

2. Each land listed in the separate sheet 3 shall be put up for auction.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet 3 list is as shown in the separate sheet 2, as shown in the separate sheet 3, the land listed by the plaintiffs and the Defendants listed in the separate sheet 2, as shown in the separate sheet 2, exceeds 4,00 shares in co-ownership, and the aggregate of co-ownership shares exceeds 4,00 shares (234,924). The plaintiffs have waived their shares in excess of their share and seek the division of co-ownership

The Plaintiffs and the Defendants did not reach an agreement on the division of the instant forest land.

(b) Each land listed in Schedule 1 and 2 attached Table 3 has partially deteriorated, and each land listed in Schedule 2 and 3 has to be surveyed after co-owners recognized the area of error and preparing and submitting an application for land alteration.

C. Meanwhile, among the lands listed in the attached Table 3 list 1, the registration of establishment of a neighboring mortgage was completed with respect to the shares of Defendant C, and multiple seizures, provisional seizures, and the registration of establishment of a neighboring mortgage was completed with respect to the lands listed in the attached

[Ground of recognition] A without dispute, Gap evidence 1 through 2 (including additional number), Gap evidence 4, the purport of the whole pleadings

2. The plaintiffs' ex officio determination as to the legitimacy of the lawsuit against the defendant A and B, and the lawsuit claiming a partition of co-owned property is an inherent indispensable co-litigation in which the co-owner, who claims a partition, becomes the plaintiff and the other co-owners shall become the co-defendant (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). In a case where the whole shares of some co-owners are transferred to a third party during the litigation as to a partition of co-owned property, and the co-owner’s co-owner’s co-ownership remains without withdrawal in the lawsuit claiming a partition of co-owned property, the part concerning

In full view of the purport of the entire pleadings in Gap evidence 1-2, as to the real estate listed in the attached Table 3 List 2, the defendant A, and the defendant A.

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