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(영문) 춘천지방법원 원주지원 2018.04.17 2015가단1412
공유물분할
Text

1. All of the Plaintiff’s lawsuits against Defendant P and Q are dismissed.

2. It shall be put up for an auction a lot of 685 m2.6 m2 in Kuju-si.

Reasons

Whether a lawsuit against Defendant P and Q is lawful

A. Ex officio, we examine the legitimacy of the instant lawsuit against Defendant P and Q in the instant lawsuit.

B. A lawsuit claiming partition of co-owned property is an inherent indispensable co-litigation in which a co-owner who claims partition becomes the Plaintiff and all other co-owners are to become a co-defendant (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). In cases where a part of co-owners, while pending a lawsuit as to partition of co-owned property, have ceased to have co-ownership by transferring co-ownership

C. The following facts can be acknowledged according to the contents of evidence Nos. 4 and 5 and the purport of the whole pleadings.

1) 685m206m2 (hereinafter “instant real estate”) in Jeonju-si.

A) Of the shares 15/601, the ownership transfer registration was made in Defendant P. However, Defendant P’s acquisition of Defendant P and Q on May 4, 2017, the Intervenor Co., Ltd. (hereinafter “acquisition Intervenor”).

In the future, the registration of ownership transfer was completed on May 2, 2017. 2) Of the instant real estate, 20/601 shares were transferred to T in the future. However, on January 15, 1995, T succeeded to T’s wife U, children, W, X,Y, and Defendant Q succeeds to T. On January 15, 1995, the heir agreed on the division of the inherited property owned by Defendant Q Q with the content of 20/601 shares of the instant real estate, which is the inherited property of T, and on July 14, 2017, the registration of ownership transfer was completed with respect to 20/601 shares of the instant real estate.

3. On July 14, 2017, Defendant Q completed the registration of transfer of ownership based on trading on April 10, 2017.

Thus, Defendant P and Q are not co-owners of the instant real estate. Thus, the Plaintiff’s lawsuit against the said Defendants is unlawful.

The plaintiff's remaining defendants' claims are recognized.

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