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(영문) 제주지방법원 2016.05.13 2015가단54645
공유물분할
Text

1. Of each real estate listed in the attached Table 1 list, W forest land 3,184 square meters in Seopo-si, Seopo-si, and X forest in Seopo-si, Seopo-si 11.

Reasons

Basic facts were shared by the Plaintiff, the Defendants other than Defendant H, and the Y shared by each of their shares of co-ownership.

The Plaintiff filed a lawsuit seeking the partition of the jointly-owned properties with respect to the instant land before the subdivision, as Jeju District Court No. 2011Kadan23308 (hereinafter “instant previous suit”).

During the continuation of the instant prior suit, Y transferred his/her share to Z on May 28, 2013, and completed the registration of ownership transfer thereof, and Z participated in the said prior suit as a successor.

In the instant prior suit, on February 14, 2014, the court rendered a judgment to sell the land before the instant partition to auction and to order the installment of the price.

As to this, the Defendants appealed as Jeju District Court 2014Na4118.

During the above appellate trial on March 18, 2015, the portion of 3,184 square meters of the land before the instant partition (current portion in Seopopo City) was owned solely by the Plaintiff, and the remaining portion (current X portion in Seopo City) was co-owned by the remaining Defendants except Y and the succeeding intervenor (Z) in proportion to co-ownership.

On the other hand, on February 14, 2014, Z sold its shares (496/14,460 shares) to Defendant H of this case, and completed the registration of ownership transfer on February 24, 2014.

AA completed the provisional registration of the right to claim share transfer based on the purchase and sale reservation made on June 11, 2009, No. 22100, which was received on June 17, 2009, with respect to Defendant P’s share 331/14,460.

AA transferred on March 10, 2015 the right to claim for the transfer of the above shares to AB, and completed the supplementary registration before March 13, 2015.

On October 29, 2014, the National Health Insurance Corporation seized the shares of Defendant G and completed the registration thereof.

On July 9, 2015, the land before the instant partition was divided into 1,276 square meters and 3,184 square meters in Seopo-si X forest in Seopo-si and 3,184 square meters in Seopo-si, as stated in the above protocol of mediation.

each of the above lands.

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