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(영문) 대전지방법원 2018.01.25 2017가단1704

공유물분할

Text

1. Of the instant lawsuit, the part demanding D to implement the procedures for ownership transfer registration shall be dismissed.

2. Daejeon Seo-gu.

Reasons

Basic Facts

A. The registration of ownership transfer with respect to the pertinent shares was completed with respect to the land of 35934m2 (hereinafter “the land of this case”) as indicated in the following table:

[Plaintiffs (Appointeds) and co-owners’ co-ownership (hereinafter “Plaintiffs”). On January 2, 2017, 2017, Plaintiff A 890.275/3609 on the receipt date of co-ownership of the co-owner’s co-ownership, Plaintiff A 890. G " 3 Appoints 〃 4 〃 〃 5 D 332.6/36099 〃 1 〃 5 D 332.6/3609 on March 26, 1998. < Amended by Act No. 1653, Apr. 29, 2087>

The land, which was divided into 165 square meters of F forest land in Seo-gu Daejeon (hereinafter “instant land”) on February 27, 1993, the land that was separated from the forest land E (hereinafter “land before the instant partition”) in Jung-gu, Daejeon (hereinafter “the land before the instant partition”).

With respect to the land No. 2 of this case, the registration of transfer of ownership of the relevant shares has been completed as shown below.

On January 12, 2017, Plaintiff A 8983.425/3609 on the date of receipt of co-owner's share, Plaintiff A 1's G on January 12, 2017, " 3 Appointed 4 " I" 〃 5 network J 165.3/3609 April 29, 1987

On the other hand, the deceased J died on December 2, 2015.

The wife of the network J is K, and there are L and M among children, and the network L died on March 31, 2015.

The spouse of the network L is the defendant B, and the defendant C is the children among them.

Accordingly, K, M and the Defendants jointly inherited the net J.

[Defendant B’s statutory share of inheritance is 6/35 = 2/7 x 3/5 x 3/5). Defendant C’s statutory share of inheritance is 4/35 (=2/7 x 2/5)] / [Grounds for recognition] of absence of dispute, each entry of evidence Nos. 3 and 4 (including each number), and the purport of the entire pleading, ex officio determination as to whether the part seeking the implementation of the procedure for ownership transfer registration to D among the lawsuit in this case is legitimate or not.

The Plaintiff is demanding D to implement the registration procedure for transfer of ownership on the ground of termination of title trust with respect to the pertinent shares out of the part in the attached drawings on the land of this case (b).

However, the plaintiff is the defendants on behalf of D.