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(영문) 수원지방법원여주지원 2016.06.29 2013가합1906

공유물분할 청구의 소

Text

1. The part of the Plaintiff (Counterclaim Defendant)’s claim for KRW 80,000,000 and damages for delay shall be dismissed.

2...

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 20, 194, the status quo (E, death on February 28, 2004, hereinafter “E”) and net F (F, death on May 20, 201, hereinafter “F”) of the parties were married to the Plaintiff, Defendant, G, H, I, and J as their children.

B. As to the land size of 73,190 square meters in K forest, 19,339 square meters in Gyeonggi-gun, Gyeonggi-gun, which was owned by E following the death of E, a written agreement on division of inherited property on May 6, 2009 under the name of the Plaintiff, Defendant, F, G, H, I, and J (hereinafter “instant agreement”), with respect to the land size of 4,064 square meters in Gyeonggi-gun, Gyeonggi-gun, which was located in E, and the land size of 879 square meters in Gyeonggi-gun, Gyeonggi-gun, which was located in the name of the Plaintiff, Defendant, F, G, H, I, and J, and the content thereof are as follows:

With respect to the inheritance commenced by the inheritee E on February 28, 2004 due to the death of February 28, 2004, the co-inheritors shall consult on the division of inherited property as follows:

1. Terms and conditions of consultation on division of inherited property;

(a) K forest land of 73,190 square meters in Gyeonggi-gun;

(b) Forest land of 19,339 square meters in Gyeonggi-gun;

(c) 4,064 square meters in paddy-gun in the Gyeonggi-do;

D. From among co-inheritorss, the real estate located in the N-gun of Gyeonggi-do is owned by the Plaintiff (13/15) and the Defendant (2/15) among co-inheritors.

C. On May 12, 2009, the Plaintiff and the Defendant completed the registration of ownership transfer (the Plaintiff’s title transfer registration under the Plaintiff’s name is referred to as the “instant ownership transfer registration”) under the title of 15505 on May 12, 2009, pursuant to the instant agreement, pursuant to the agreement, the Plaintiff and the Defendant completed the registration of ownership transfer under the title of 73,190 square meters in K, 73,190 square meters in Gyeonggi-gun, Gyeonggi-gun, and 19,339 square meters in land, 4,064 square meters in land, Gyeonggi-gun, and 879 square meters in land, Dong-gun, Gyeonggi-gun, and Dong-gun, Gyeonggi-gun.

(1) The Plaintiff, as the court 2010da5450, and the Defendant used the money borrowed from livestock cooperatives under the name of E to the Defendant for mediation in the litigation related to the Plaintiff and the Defendant. The Plaintiff paid all the principal and interest of the loan by subrogation to the Defendant E is entitled to 2/15 of the share of inheritance for the Defendant E out of the subrogated payment.