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(영문) 수원지방법원성남지원 2017.05.26 2016가단30509
공유물분할
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

- The Plaintiff and the Defendants jointly owned each of the instant real estate at the rates of 28/252, 7/252, 7/252, 7/252, 7/252, 7/252, 7/252, 7/252, 12/252, 8/252, 8/252, 8/252, 18/252, 28/252, 140/252, and 140/252.

- The Plaintiff, Defendant J, F, G, and H filed a lawsuit seeking partition of co-owned property against Defendant I, B, E, C, and D as Suwon District Court 2015Kadan202703 against each of the instant real property.

- On September 7, 2015, the court of the lawsuit rendered a decision in lieu of the conciliation that “the instant third real estate is owned by Defendant I, and the instant real estate is divided into the ownership of Defendant J,” and the said decision was served on the Plaintiff and the Defendants, and finalized on September 26, 2015.

[Ground] The facts without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 1-1-2, Eul evidence No. 2-2, and the purport of the whole pleadings as to whether the lawsuit of this case is legitimate, the co-owner of the real estate concerned shall make a claim against other co-owners as to whether the co-owners of this case's co-ownership of the co-ownership of the co-ownership of the co-ownership of the co-ownership of the co-ownership of the co-ownership of the real estate of this case. As the decision in lieu of the above conciliation becomes final and conclusive as to each of the real estate of this case, the third real estate of this case was owned solely by defendant I, and the defendant J. 1-2, 4,

or there is no evidence to acknowledge that the Plaintiff is a co-owner of each real estate of this case.

Therefore, the lawsuit in this case is unlawful because the subject qualification or the party qualification is defective.

The Plaintiff asserts that Defendant J sold each of the instant real estate and distributed the purchase price according to the decision in lieu of the above conciliation, and due to his negligence, he filed a claim for partition of co-owned property as the instant lawsuit, but such circumstance alone alone makes a decision in lieu of the above conciliation with the same effect as the final judgment.

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