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(영문) 수원지방법원 2018.02.08 2017가단22229

부동산압류등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, B, etc. shared the real estate listed in the separate sheet No. 2 (hereinafter “C”) and two parcels (hereinafter “non-Party No. 2”) and the real estate No. 1286 square meters (hereinafter “D before partition”) prior to the Seosung-si.

B. The Defendant completed each seizure registration stated in the purport of the claim regarding B shares in C and two parcels and D before partition.

(hereinafter “each of the instant seizure registrations”) C.

The plaintiff filed a lawsuit against C and two parcels and D before the division. In Suwon District Court 2016Kadan8660 case, C owned the plaintiff, and the remaining two parcels owned by other co-owners, and in Suwon District Court 2016Kadan8653, Suwon District Court 2016Kadan8653, the real estate listed in attached table D No. 1 (hereinafter referred to as "D after division") before division was owned by the plaintiff, and the remainder was divided as owned by other co-owners, and each registration of partition was completed.

Each of the registrations of this case was transferred to C and D after division in the process of registration of each of the above subdivisions.

[Grounds for Recognition: Facts without dispute, entry of Gap evidence 1-4, purport of the whole pleadings]

2. The assertion and judgment

A. The registration of each of the instant seizures based on the attachment disposition based on the Plaintiff’s assertion B’s delinquency in payment of local taxes is null and void since it is subject to the Plaintiff’s property, which is the third party. Therefore, the Defendant is liable to implement the procedure for cancellation

B. (i) The right of co-owners (shares) is not vested in the entire co-owned property, and the effect of the seizure of shares extends to all co-owners. As such, the co-owned property was divided after the seizure of one co-owner’s share.

As a matter of course, the attachment does not automatically focus on the real estate acquired by the co-owner as a partition of co-owned property, but it extends to the part of the real estate acquired by another co-owner as before the partition.