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(영문) 의정부지방법원 2016.06.17 2015가단4009
공유물분할
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each entry of Gap evidence Nos. 1 to 3 and Eul evidence Nos. 1 (including branch numbers).

As J and K own 1/2 shares of 3,268 square meters of I forest land in Gyeonggi-gu, Gyeonggi-do, the original J and K own 1/2 shares, the total of the shares of the Defendant (Appointed Party), appointed parties, L, Defendant F, Defendant G, H, and M and the non-party M owned 1/2 shares.

B. On December 15, 2009, J filed a lawsuit for partition of co-owned property against the Defendants, etc., who are K’s inheritors, as the District Court Decision 2009Kadan13620, and the above court rendered a judgment on partition of co-owned property (hereinafter “the judgment of this case”) by holding the part of 1,634 square meters inside the ship connecting each point of 1,2,3,4,4,5,6,7, and 1, in sequence, the Defendants, etc., with respect to 3,268 square meters of land I forest and 3,268 square meters of land in the Gyeonggi-gu, Gyeonggi-do. The judgment of this case became final and conclusive at that time.

C. After that, due to the division, 1,634 square meters among 3,268 square meters of forestry and fields I in Gyeonggi-gu, Gyeonggi-do, were transferred to the O (2,591 square meters of forests and fields P., Gyeonggi-do, 16 October 16, 2012) of the Gyeonggi-do, and 3/30 of the remaining 1,634 square meters of land (hereinafter “instant land”) as M equity and 2/30 of the N Shares, were transferred to Defendant F, respectively, and completed the registration of each share transfer on May 28, 2014.

Pursuant to the instant judgment, before the shares owned by the J on the instant land are transferred to the name of the Defendants, etc., the auction of real estate in relation to the instant land was commenced with respect to the shares held by the J to Qa District Court as to the instant land, and the Plaintiffs was awarded a successful bid on August 29, 2014 for each 1/8 shares out of the instant land and completed the registration of ownership transfer on the same

2. The assertion and judgment

A. The plaintiffs asserted that they are co-owners holding 1/2 shares of the land of this case, and seek a partition of co-owned property as stated in the purport of the claim. The defendants are the plaintiffs of this case.

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