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(영문) 인천지방법원 2015.02.03 2014재가단120

공유물분할

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the Defendant (Quasi-Review Plaintiff).

Reasons

1. Basic facts

A. On April 22, 2013, the Plaintiff filed an application for conciliation against the Defendant for the payment of KRW 35,418,01 of the proceeds of public property during the period, and damages for delay thereof, with the real estate listed in the separate sheet (hereinafter “instant real estate”) registered as co-owned by the Plaintiff and the Defendant as co-owned one-half shares, and divided the proceeds by one-half. The Defendant filed an application for conciliation with the Plaintiff for the payment of KRW 35,418,01 of the proceeds of public property and the damages for delay thereof (Seoul District Court 2013Ma2099). However, due to the failure of conciliation, the Plaintiff filed a litigation procedure (Seoul District Court 201

B. On November 28, 2013, when the litigation procedure was in progress, the Plaintiff withdrawn the claim for payment of proceeds from the previous purport of the claim and sought only partition of co-owned property among the co-owned property claims. On January 23, 2014, the protocol of quasi-adjudication of this case was prepared by the Plaintiff himself/herself and his/her legal representative, and Defendant D E attorney-at-law, respectively, to the effect that conciliation of the following was established during the attendance of each of the aforementioned parties:

1. The real estate listed in the separate sheet (this case's real estate) shall be put to an auction and the remaining amount after deducting the auction cost from the price shall be distributed to the plaintiff and the defendant in proportion to 1/2.

2. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. The original copy of the instant conciliation protocol was served on the Defendant’s agent on February 10, 2014, and on February 13, 2014, the Plaintiff filed a lawsuit for quasi-deliberation on November 5, 2014.

[Evidence Evidence: Facts without dispute between the parties; Gap evidence Nos. 1, Eul evidence No. 84-1 and 2; Facts with this court; the purport of the whole pleadings】

2. We examine ex officio the determination on the legitimacy of the instant lawsuit, and examine the lawfulness of the instant quasi-deliberation suit.

The defendant, without the defendant's consent, was voluntarily made by his/her agent against the defendant's will. However, the defendant's false assertion and deception of the other party.