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(영문) 서울고등법원 2015.10.14 2014나11859
공유물분할
Text

1. The intervenor succeeding to the plaintiff's lawsuit shall be dismissed by the king-ro Partnership, Inc.

2. Of the judgment of the first instance, Incheon.

Reasons

1. The remainder of the claim in the instant case filed by the Plaintiff’s succeeding intervenor prior to the remanding of the case, excluding the part concerning the real estate listed in Annex 3 List 1 (hereinafter “instant land”) was determined by the judgment of remanding the case and excluded from the scope of the party members’ judgment.

2. The following facts are found to be either in dispute between the parties or in full view of the purport of the entire pleadings in the entry in Gap evidence 1-11:

A. At the time of the closure of the argument in the first instance trial, the Plaintiff’s succeeding intervenor, Defendant A’s successor limited liability company specialized in the case-backed securitization (hereinafter “Defendant KK”), Defendant B, and Defendant B’s acquiring intervenor Korea Boping B (hereinafter “Defendant Boping B”) shared the land in the same proportion as the “ratio” in the attached Form 4’s possession of real estate.

B. However, on September 16, 201, before the judgment of the court of first instance was rendered after the closing of argument in the court of first instance, on September 16, 201, the share of 13,164.30/472,012 out of the share registered in Defendant B was transferred for sale in the future. After the pronouncement of the judgment of the court of first instance, each of the share transfer on the ground of the share of 13,164.30/472,01 on the part of the share of the share registered in Defendant B was made for the ownership of the part of the share registered in the future of the Plaintiff succeeding Intervenor, a single person among the co-owners of the land in this case, and each of the share transfer registration on the ground of the ownership of the part of the share was made for the ownership of the trust property in the name of the truster.

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