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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Gangwon-do Gosung-gun E 134 square meters, F 194 square meters, G 710 square meters (each of the above land is referred to as “H-ri land” in accordance with each of the above land at the same time, and the total of the above land was divided from 1038 square meters, Gangwon-do Gosung-gun E, and 328/1038 square meters. Among them, the shares of 328/1038 square meters were owned by Plaintiff A, and 310/1038 square meters were owned by Plaintiff B, while the shares of 310/1038 square meters were owned by Plaintiff A, and 380/1038 square meters were owned by each of the above buildings listed in the separate list of land E (hereinafter “each of the above buildings”).
B. As to the portion of each of the instant buildings and each of the instant lands in the name I, the ownership transfer period, etc. was completed on March 7, 2007 under the name of J, and the ownership transfer registration was completed on December 4, 2015, but on December 28, 2017, the Defendant purchased it and completed the registration on May 1, 2019, and completed the transfer of ownership on May 8, 2019 upon receipt of an order to transfer real estate from the said court on May 8, 2019.
(c)
Meanwhile, there is no partition agreement between the plaintiffs and the defendant on each land after the division, and the defendant filed a lawsuit against the plaintiffs as the court 2019 Ghana 1512 against the plaintiffs, claiming the division of the jointly owned property by dividing the land into the sole ownership of the defendant, and G land by dividing the land into the joint ownership of the plaintiffs.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. The decision-making Plaintiffs asserted that they are the right to share the portion of public land of majority E and seek removal of the building of this case against the Defendant. Accordingly, they are the owners of 328/1038 shares that do not reach the majority of E land. However, the Defendant’s lawsuit is pending by exercising the right to claim a partition of the jointly owned property, which is the right to claim a partition of the jointly owned property.