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(영문) 의정부지방법원 2019.04.25 2018가단115566
공유물분할
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In around 2011, the Plaintiff owned 2/10 shares, Defendant D, and F, respectively, 3/10 shares, 1/10 shares, and 1/10 shares, respectively.

B. In around 2010, the Plaintiff filed a lawsuit seeking partition of co-owned property on the land prior to the instant partition against Defendant D, F, C, and E (hereinafter “first lawsuit”).

On July 8, 2011, the lower court rendered a judgment that divided the said Defendants into ownership (i.e., Defendant D, F 3/8, Defendant C, and E 1/8); and (ii) part of “bbb” into ownership of the Plaintiff (hereinafter “instant judgment”); and the said judgment became final and conclusive on August 3, 201, as is, on August 3, 201.

C. Of the instant land before the instant partition on August 23, 2013, the attached Table 1 appraisal was divided into H land (hereinafter “H land after the first partition”), and the part 924 square meters in “bb” into land. D, around 2015, the Plaintiff filed a lawsuit against the said Defendants seeking a partition of co-owned property as to H land after the first subdivision (hereinafter “second lawsuit”). From the said lawsuit, the said Defendants did not expressly dispute, and thereafter, the attached Table 2 appraisal among H land was divided into “H return” 2,773 square meters into “H return” 2,773 square meters, and the Plaintiff was divided into the said Defendants’ share (hereinafter “public land portion, F.5/20, and 370 square meters, and the land portion, “H1,274,” and each of the said Defendants’ share of the said land was divided into “1,270 square meters after the said Defendants’ share (hereinafter “the Plaintiff’s share of land”).

F. On October 14, 2015, Defendant B with respect to F’s portion of H’s land after the first subdivision, Defendant B’s share on October 6, 2015.

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