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(영문) 대구지방법원의성지원 2019.01.30 2018가단10717
공유물분할
Text

1. All of the counterclaims filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In a case where co-inheritors fail to reach an agreement on the division of inherited property between them, or are unable to reach an agreement, they may request a family court for adjudication on division of inherited property, as prescribed by the Family Litigation Act, and it is not allowed to file a lawsuit on the partition of inherited property pursuant to the provisions of Article 268 of the Civil Act

(See Supreme Court Decision 2015Da18367 Decided August 13, 2015). According to each entry of evidence Nos. 1-4, the instant land was originally owned by the network E. The Plaintiff, the Defendants, F, G, and H jointly inherited their respective shares on June 5, 2017, and the F, G, and H jointly donated their respective shares to the Plaintiff on July 27, 2018, and the Plaintiff currently owns 9/13 shares out of the instant land, and the Defendants own 2/13 shares, respectively.

According to the above facts, the instant land constitutes inherited property between the Plaintiff and the Defendants, and there is no evidence to deem that the agreement on division of inherited property has been reached between the Plaintiff and the Defendants, and thus, it is unlawful to file a lawsuit seeking partition of co-owned property as to the instant land

Therefore, the plaintiff's main lawsuit and the defendants' counterclaim are unlawful and all of them are dismissed. It is so decided as per Disposition.

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