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(영문) 수원지방법원성남지원 2016.10.21 2016가단214215

공유물분할

Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Basic facts

A. The Plaintiffs are children between Defendant and the deceased D (hereinafter “the deceased”).

B. After the death of the deceased, the Plaintiffs filed a judgment on the division of inherited property against the Defendant, and thereafter, after applying for the approval seal on the deceased’s testament certificate, the judgment on the division of inherited property was finally changed to the lawsuit claiming the return of the forced portion under Sungwon District Court Sung-nam Branch 201Gahap49457, May 23, 2012. The above court rendered a judgment in favor of the Plaintiffs on May 23, 2012. While the Defendant appealed and continued to exist as Seoul High Court 2012Na482563, on December 21, 2012, the above court determined that the Plaintiff’s transfer registration was conducted on December 275, 287,716/2,179,60,000 shares, including each of the real property listed in the separate sheet (hereinafter “each of the instant real property”).

C. The Plaintiffs filed a lawsuit against the Defendant and E seeking consent to the registration of transfer of ownership as the Suwon District Court Branch Branch Branch 2013Kadan215774, and the said court rendered a favorable judgment against the Plaintiffs on April 30, 2014, but E appealed with Suwon District Court 2014Na20193, and the said court rendered a judgment dismissing the Plaintiffs’ lawsuit on September 25, 2014.

Since then, the Plaintiffs filed a lawsuit against the Defendant, E, F, and G seeking consent to the registration of transfer of ownership under the Suwon District Court Branch Branch Decision 2014Gahap207852, and the said court rendered a favorable judgment against the Plaintiffs on September 18, 2015, and the said judgment became final and conclusive on November 18, 2015.

On March 8, 2016, the Plaintiffs filed an application for the subrogation of testamentary gift registration with respect to each of the instant real property, and filed an application for the transfer of shares against the Plaintiffs, and completed the registration of the transfer of shares with respect to Plaintiff A275,287,716/2,179,600, and Plaintiff B299,43,716/2,179,600,000 shares.

[Reasons for Recognition]