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(영문) 대구지방법원김천지원 2019.08.27 2019가단278
공유물분할
Text

1. The part against Defendant B among the instant lawsuit is dismissed.

2. It shall be put up for auction an auction of 877m2 in Gu, Si, Gu and Si.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants each share transfer registration was completed under the name of the Plaintiff, as indicated in the “public land portion” in Articles 1 and 2 of the attached Table 1 of the “public land portion” (hereinafter “land prior to subdivision”) in the Gu, Gu, Si, Gu, and the Plaintiff.

B. Defendant F, D, and E filed a lawsuit for partition of co-owned property against the Plaintiff, Defendant B, C, D, and E as the Daegu District Court Kimcheon-gu District Court Decision 2016Gadan7933, Sept. 13, 2017, “A” portion of “A” in the attached Table No. 1,8,9, 10, 11, 12, and 158 square meters connected each other in sequence among the land before the partition, shall be deemed to be owned by Defendant F, G according to each share indicated in the attached Table No. 1, “A” in Article 158 square meters of “A” in the attached Table No. 158 square meters of “A”, according to each share indicated in the same Map No. 2, the “B, C, D, and E” shall be deemed to be owned by the Plaintiff, Defendant C, and E, and the judgment became final and conclusive.

(Defendant D, C, and E appealed but were withdrawn from appeal).

Then, according to the above judgment, the portion of “1” in the annexed drawing among the lands before subdivision was divided into 158 square meters in Gu, Si, U.S. J., and on October 8, 2018, the Plaintiff, Defendant B, C, D, and E’s share in the divided land was transferred to Defendant F and G as the grounds for partition of co-owned property on October 11, 2017.

However, the copy of the register of the Plaintiff and Defendants B, C, D, and E’s annexed drawings, which are part of the “bbbb” portion, remains in co-ownership as shown in the “public land portion” in Articles 1 and 2 of the attached Form No. 1 and 2 of the Plaintiff and the Defendants, as before the above judgment, as in the previous judgment.

On the other hand, on June 18, 2019, Defendant B completed the registration of ownership transfer on June 17, 2019 with respect to the whole shares of the instant land to Defendant B’s successor H.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 8, and 9, and the purport of the whole pleadings.

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