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(영문) 서울서부지방법원 2016.10.07 2016나31798

공유물분할

Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Each real estate entered in the list shall be put to an auction and from its price.

Reasons

1. Facts of recognition;

A. D had the Intervenor, G, and Defendant B 2 male and female between Defendant B and F, who is the spouse, and Defendant C is the spouse of Defendant B.

B. Each real estate indicated in the separate sheet (hereinafter “instant real estate”) is a house, a wooden house (39.67 square meters), which is a neighborhood living facility, and an affiliated store (16.53 square meters, 3.3 square meters), and its site, the main purpose of which is a house, a wooden house, and a neighboring store (1

C. As to the instant real estate, after completing the registration of ownership transfer on December 18, 1974 with the Plaintiff and 1/2 shares in the name of each of the Plaintiff and D, D’s shares were transferred to DefendantB and C on December 29, 2014 due to the gift, and Plaintiff 1/2 shares and Defendants 1/4 shares.

D The deceased died on April 13, 2015, and his children jointly inherited the property.

On May 26, 2016, the Defendant Acceptance Intervenor and G filed a lawsuit against the Defendants, Seoul Southern District Court Decision 2015Kadan223767, the Seoul Southern District Court rendered a judgment on May 26, 2016 that “the Defendant shall implement the procedure for ownership transfer registration for each of the instant real property to the Defendant Acceptance Intervenor and G on the ground of their respective share of 1/24 shares in the instant real property,” and the said judgment became final and conclusive.

E. According to the above judgment, the shares 1/24 of the Defendants’ shares were transferred to the Defendant Intervenor and G on June 29, 2016 on the grounds of the return of legal reserve of inheritance due to the foregoing judgment, and the Defendant Intervenor and G were to hold 1/12 shares out of each of the instant real estate.

Since then, G’s shares were transferred to the Defendant Intervenor on July 15, 2016 due to sale and purchase, the instant real estate was jointly owned with Plaintiff 1/2 shares, Defendants 1/6 shares, and Defendant Intervenor 1/6 shares.

F. Until the closing of argument in the instant case, the agreement between the Plaintiff, the Defendants, and the Defendant Intervenor on the instant real estate was not concluded.

[Reasons for Recognition] Evidence A 1 to 4, Evidence 8-1 to 2, and the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the parties in this case shall be the real estate of this case.