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(영문) 인천지방법원 2019.03.13 2018가단250673
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on March 25, 1987 with respect to one fourth share of each of the respective real estate listed in the separate sheet (hereinafter “instant real estate”), and the registration of ownership transfer was completed on June 13, 1987 with respect to one fourth share of each of the instant real estate. The registration of ownership transfer was completed in the Plaintiff and D on June 13, 1987.

Accordingly, the Plaintiff and D shared 1/2 shares of each of the instant real estate.

B. On August 27, 1987, the provisional registration of the claim for transfer of ownership was first made with respect to D shares in the real estate of this case on August 27, 1987, but on July 7, 2006, the registration of the provisional registration was completed only when the purpose of the provisional registration was limited to D shares in accordance with the final judgment of Suwon District Court Decision 2006Kadan10965 on July 7, 2006. A, June 30, 2004 (Seoul Southern District Court Order 2004Kadan10162), the registration of provisional attachment on July 26, 2005 (the same Court Order 2005Kadan14792), and the registration of provisional attachment on October 11, 2005 (the same Court Order 2005Kadan19796).

C. On September 13, 2005, the provisional attachment registration (the same court Order 2005Kadan18368) was completed on September 13, 2005 with respect to the D portion of real estate No. 1 of the instant real estate.

On October 17, 2005, the provisional attachment registration (the same court Order 2005Kadan20874 delivered on October 17, 2005) was completed.

E. Meanwhile, on August 29, 2005, D died with his spouse E, children C, F, and Defendant as inheritor.

E, C, and F received the Seoul Family Court Decision 2005 Ma10191 dated December 7, 2005 to accept the declaration of renunciation of inheritance. On December 16, 2005, the Defendant received the decision to accept the declaration of renunciation of inheritance under the Seoul Family Court Decision 2005Ra10192 on December 16, 2005.

F. The Plaintiff and the Defendant did not agree on the method of dividing the instant real estate.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence No. 2 (Evidence Nos. 1 to 2) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the real estate of this case is located.

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