beta
(영문) 대구지방법원 2019.03.14 2017가합203552

공유물분할

Text

1.(a)

The defendant has a limitation on all rights with respect to shares of 2/3 of the real estate listed in the attached Table 1 list from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates the English Educational Institute Business. The Defendant was the husband and wife of D, E, F, and C were the children of the Defendant and D, and D died on March 22, 2005. 2) C filed a petition for adjudication on the commencement of adult guardianship with the Defendant as of October 5, 2015, Jinho District Court Decision 2015Mo6016, Jinyang Branch Court Decision 2015, which decided on October 12, 2015, and the Defendant’s adult guardian appointed C as the Defendant’s guardian.

B. On March 22, 2005, E inherited 2/3 shares of the real estate listed in the separate sheet No. 1, as well as 1/2 shares of the real estate listed in the separate sheet No. 2, as inherited property by agreement and division. 2) The Defendant owns the remainder of 1/3 shares of the real estate listed in the separate sheet No. 1 and the remainder of 1/2 shares of the real estate listed in the separate sheet No. 2. 2.

3) On July 10, 2015, Defendant and E jointly leased each of the instant real estate to G Co., Ltd. with KRW 350,00,000, monthly rent of KRW 12,500,000, and thereafter 13,500,000, and from September 1, 2015 to August 31, 2020. G Co., Ltd concluded a provisional registration with the Plaintiff on July 17, 2015, with the ownership transfer registration of KRW 20,00,000, KRW 4,000,000, and KRW 20,000 from August 31, 2017, the ownership transfer registration of each of the instant real estate as indicated in the attached Table 2 list to the Plaintiff during the period of KRW 20,00,00, KRW 30,00,00, and KRW 20,000 from September 1, 2015 to August 31, 2016.

C. Among each real estate of this case, the registration of restriction on rights established for each of the plaintiff's shares is filed.