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(영문) 수원지방법원 2018.02.13 2017가합15259

공유물분할

Text

1. The real estate listed in the separate sheet Nos. 1 and 2 shall be put to each auction and the proceeds of the auction shall be deducted from the auction.

Reasons

1. Facts of recognition;

A. The Plaintiff is the spouse of the deceased D (hereinafter “the deceased”), and the Defendants are the children of the Plaintiff and the deceased.

B. Each real estate listed in the separate sheet was owned by the Deceased. As the Deceased died on November 25, 2014, the Plaintiff among each real estate listed in the separate sheet Nos. 1 and 2, as to each of the real estate listed in the separate sheet Nos. 3/5 shares, the Plaintiff completed the registration of ownership transfer for each of 1/5 shares on November 25, 2014 as to each of 1/5 shares, and the Defendants completed the registration of ownership transfer for each of the real estate listed in the separate sheet Nos. 3 and 4 on November 25, 2014, with respect to each of the real estate listed in the separate sheet No. 6/10 shares, the Plaintiff, as to each of 1/10 shares, and Defendant C completed the registration of ownership transfer for each of 3/10 shares by inheritance

C. Meanwhile, the Deceased received a loan from the Han Bank, and provided each real estate listed in the separate sheet Nos. 1 and 2 as joint collateral in the future of Han Bank Co., Ltd., and completed the registration of establishment of a mortgage on each real estate listed in the separate sheet Nos. 1 and 2 as follows.

After that, upon the death of the deceased, the registration of change of the right to collateral security was completed on June 18, 2015 on the ground that the debtor was changed from the deceased to the plaintiff.

Serial Date of registration and the maximum amount of claim for receipt number 1 Seoul East East District Court: Songdong District Court of Seoul East District Court of 4960, Feb. 1, 2010 (No. 585,000,000) and 2 Seoul Eastern District Court of 5692, May 31, 2010 (No. 130,000,000) and 3 Seoul East East District Court of 55903, Sept. 6, 2012 (No. 60,000,000) received on Sept. 6, 2012, the Songdong District Court of 4, Seoul East District of 59726, Aug. 26, 2013 (No. 59726,025,00,0000,005 Seoul East District Court of 5 Seoul East District Court of 20,200,2400

(d) On the land indicated in Annex 1, buildings listed in Annex 2 are located, and on the land listed in Annex 3, buildings listed in Annex 4 are located.

E. The Plaintiff and the Defendants raise objection.