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(영문) 의정부지방법원 2016.05.19 2015가단28074
공유물분할 등
Text

1. The part concerning the claim for partition of co-owned property among the lawsuit in this case is dismissed.

2. The plaintiffs' remaining claims against the defendants.

Reasons

1. We examine whether this part of the lawsuit is legitimate ex officio as to the claim for partition of co-owned property.

The plaintiffs filed a claim for the division of co-owned property under the premise that the land owned by the plaintiffs and the defendants was jointly owned by the plaintiffs and the defendants in Namyang-si, Namyang-si (hereinafter "the real estate in this case"). However, the co-owners of the real estate claim for partition of co-owned property against other co-owners. The claim by a non-owner of the real estate is not a party standing, and thus, it is unlawful. Thus, there is no evidence to recognize the plaintiffs as co

Therefore, the plaintiffs' claim for partition of co-owned property against the defendants is unlawful as the standing to sue is defective.

2. Determination on the claim for ownership transfer registration

A. Basic Facts 1) The original Defendant’s related Plaintiffs and the network G (Death on April 9, 2008) were children of the network H (Death on October 31, 1985). Defendant C was the wife of the network G, Defendant E, and Defendant D were the children of the network G. (2) As to the instant real estate under the name of the network G on July 29, 1986, the transfer registration for ownership was made on July 28, 1986. Defendant C, D, and E under the name of Defendant C, D, and E on June 11, 2008. Each co-ownership registration (the shares of Defendant C were 3/7, Defendant D, and E: 2/7) was made on April 9, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. Plaintiffs’ assertion 1) On August 30, 1985, the children of the network H, including the Plaintiffs and the network G, purchased the instant real estate under the name of the deceased H’s cemetery, with a burden of KRW 500,000 each on August 30, 1985, and entrusted only that name to the deceased G. 2) also, the Plaintiffs leased the network G a total of KRW 58,00,000.

3. On June 26, 2008, after the death of the deceased G, Defendant D and E, the mother of Defendant D and E, divided the instant real estate into the name of the repayment of loans to the Plaintiffs of the deceased G, and 221 square meters out of them.

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