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(영문) 제주지방법원 2014.11.14 2014가단7123
공유물분할
Text

1. The Plaintiff owned the 1,452 square meters prior to the date of Jeju-si, and the 1,170 square meters prior to G, Defendant B, D, and E respectively, and Defendant C are the 202/1,170 square meters.

Reasons

1. Facts of recognition;

A. Before the subdivision, Jeju-si prior to the subdivision, I owned the shares of 686/3,186 square meters, Defendant B, D and J, and Dong K, respectively, 202/3,186 shares, Defendant C and L, and M, respectively.

B. In addition, N filed a lawsuit against other co-owners seeking partition of co-owned property as Jeju District Court 201Kadan10593. During the lawsuit, the Plaintiff participated in the lawsuit as the acquiring intervenor after having transferred each of the above shares (total shares 1,452/3,186) from I, L, and J as the acquiring intervenor. Meanwhile, Defendant E,O, and P took over the lawsuit by the deceased K.

On December 11, 2012, the foregoing court rendered a ruling that the portion of “A” in the attached Form No. 564 square meters among the land before the said partition shall be divided into the N’s sole ownership; the remainder of “B” portion 1,170 square meters and “C” portion 1,452 square meters (total 2,62 square meters), Plaintiff 1,452 shares; Defendant B, D, and E, respectively; Defendant C564/2,62 shares; and Defendant E shall be divided into the joint ownership of the same; on November 7, 2012, which was before the conclusion of the proceedings; but on the premise that the inheritance registration was completed by the inheritance due to the consultation division on November 7, 2012, under the premise that Defendant E,O, and P inherited shares.

The above judgment was finalized as it is.

C. Under the above final judgment, N divided the above part into 564 square meters prior to H in Jeju (hereinafter “instant land 1”); the above part into 1,170 square meters prior to G (hereinafter “instant land”); and the above part into 1,452 square meters prior to F (hereinafter “instant land”) and completed the sole ownership registration after being transferred the shares of the Plaintiff and the Defendants, etc. with respect to the instant land 1.

However, as to the land Nos. 2 and 3 of this case, since the registration of co-owned share transfer according to the above judgment on partition of co-owned property has not been completed, the share in the land before partition remains.

The vicinity of the land Nos. 2 and 3 of this case is a village where a house, etc. exists.

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