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(영문) 제주지방법원 2018.05.28 2015가단7083
공유물분할
Text

1. Of the land listed in the attached Table 1, the attached Form No. 482 square meters indicated on the result map and reference map of the cadastral status survey shall be indicated.

Reasons

1. Basic facts

A. On May 27, 198, X,Y, and Z acquired ownership of each of 1/3 shares of the land listed in the annexed Table (1) (hereinafter “instant land”).

Defendant Gu Agricultural Cooperatives completed the registration of provisional attachment entry by the Jeju District Court No. 36782 on June 9, 1998 with respect to X shares out of the instant land.

B. AB, AC, AD, AE, AF, N, AG, W, and H, who were their inheritors and children, renounced their inheritance under the Jeju District Court 99Ra219 on October 16, 199.

Accordingly, Defendant H, who is the children of Defendant E, F, G, and AC, was succeeded to by Defendant I, J, Defendant K, who is the children of AD, Defendant K, N’s children, Defendant P, Qa, and W, who are children of Defendant P, Qa, and W, respectively.

(See attached Form X's household). (C)

Plaintiff

A and B acquired Y and Z shares in the instant land on December 31, 2014, but transferred Y and Z shares to the Plaintiff’s succeeding Intervenor C and D on July 2, 2015, respectively, and the registration of transfer of 1/3 shares in each of the instant land was completed on July 3, 2015.

Accordingly, as of the closing date of pleadings in the instant case, the Intervenor succeeding to the Plaintiff owns 1/3 shares and 1/3 shares in total, and 1/3 shares in the instant land.

The inheritance shares of Defendant 2 through 15 are as shown in the inheritance shares listed in the attached Table (2).

E. The consultation on the method of dividing the instant land was not constituted.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, fact-finding results for AI offices, the purport of the whole pleadings

2. Determination as to the claim against the defendant 2 to 14

A. Co-owners of the real estate jointly owned may at any time claim a partition of the jointly owned property against another co-owner (Article 268(1) of the Civil Act). As seen earlier, the Plaintiff’s succeeding intervenors and the Defendants did not reach an agreement on the method of partition of the pertinent land, which is the jointly owned property.

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