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(영문) 서울중앙지방법원 2019.06.12 2018가단5096125
공유물분할
Text

1.(a)

Attached Form

The auction cost shall be incurred from the proceeds of sale by attaching the immovables listed in paragraphs 1, 2, 5 through 9 to the auction.

Reasons

1. Basic facts

A. On October 29, 2014, K completed the registration of transfer of ownership on October 20, 2014 for the portion of 19/23 out of the real estate listed in the separate sheet Nos. 1 through 9 and the real estate listed in the separate sheet No. 10 of the real estate stated in the separate sheet No. 10 of the real estate.

B. L on January 28, 2015, on the share of 1/2 of the real estate listed in the separate sheet Nos. 1 through 9 and the share of 19/23 of the real estate listed in paragraph 10, 19/2 of the real estate stated in paragraph 10, L completed the ownership transfer registration on January 27, 2015.

L and M, as above, registered the change of ownership on January 28, 2015, to combine each of the real estate listed in the attached list 1 to 9 of the attached Table, the ownership of which was partially registered.

[The L and M have been registered as a joint owner of each real estate listed in [Attachment 1 to 9] and co-owner of each real estate listed in [Attachment 19/46] listed in [Attachment 1 to 9].

K died on December 21, 2016, and the plaintiff and the designated parties were awarded a favorable judgment (Seoul District Court 2016Na5406) on August 25, 2017 in a lawsuit against L and M for the return of legal reserve of inheritance against L and M, and the above judgment was finalized on September 12, 2017.

L and M completed the registration of ownership transfer on September 29, 2017, based on the attached list 1, 2, 5, and 9; on November 10, 2017, the real estate listed in the attached list No. 10, listed in the attached list No. 10, each of which was his children; on September 28, 2017, the real estate listed in the attached list No. 3 and No. 4 were sold to Defendant D, respectively.

E. On November 3, 2017, the Plaintiff and the designated parties completed the registration of ownership transfer on each real estate listed in the separate sheet according to the judgment on the aforementioned legal reserve of inheritance. Accordingly, the current status of co-ownership of each real estate listed in the separate sheet is as follows.

As above, 7/16 shares in the Plaintiff’s shares on the part of the Defendant’s real estate title No. 1 (i.e., 1/16 x 7) Defendant B, C, and C 9/16 2, the above-mentioned shares on April 3, 164 as above.

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