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(영문) 제주지방법원 2017.10.31 2016가단50886
공유물분할
Text

1. The plaintiff's lawsuit against defendant Q is dismissed.

2.(a)

Jeju Y farm site 24,056 square meters shall be put up for auction.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, C, D, E, F, G, H, I, J, K, L, and M (hereinafter collectively referred to as “Defendant B, etc.”) are the “one land of this case” not exceeding 24,056§³ in Jeju.

B is sharing shares in each share listed in the list of co-owned shares in attached Form 1.

B. The Plaintiff and Defendant N, P, Q, S, T, U, V, and W are the land of this case and the land of this case 15,742 square meters or less in Jeju-si adjacent to the land of this case.

Defendant Q, who owned 1220.861/15,742 shares of the instant land No. 2, had completed the registration of ownership transfer with respect to the said shares to X on January 18, 2017.

Accordingly, the plaintiff and the defendant N, P, S, T, U, V, W, and defendant Q except for defendant Q, and the plaintiff and the plaintiff, "Defendant N, etc."

(C) The co-ownership shares on the land No. 2 of this case are as indicated in the separate shares list of co-ownership 2. C. As to the land No. 1 of this case between the Plaintiff and Defendant N et al. until the closing date of the argument of this case, consultation on each of the division methods on the land No. 2 of this case was not reached between the Plaintiff and Defendant N et al.

2. We examine, ex officio, whether this part of the lawsuit against Defendant Q is lawful.

Inasmuch as a co-owner who filed a partition lawsuit becomes the plaintiff and has become a co-defendant with all other co-owners as co-owners, if the whole share of some co-owners is transferred to a third party during the progress of litigation as to the partition of co-owned property, and the previous party who transferred the co-owned share remains without withdrawal even though the co-owner participated in or participated in the partition lawsuit, the part concerning the previous party who did not withdraw.

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