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(영문) 대전지방법원공주지원 2016.08.11 2015가단20635
집행문부여의 이의
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on the cause of the claim

A. The gist of the plaintiffs' assertion was F 2,890 square meters (hereinafter "the instant real estate") originally owned by G. G was deceased on September 16, 197, and G succeeded to the Plaintiffs, E, I, J, K, and L, who were their spouse H (Death on February 5, 1997) and their children, and the registered name was E.

During that period, E agreed on the transfer registration of shares to the remaining inheritors, including the plaintiffs, in accordance with their respective inheritance shares.

Accordingly, on March 28, 2012, the Plaintiffs filed an application for provisional disposition prohibiting the disposal of their shares among the instant real estate with the Daejeon District Court’s official jurisdiction, and received a provisional disposition from the said court.

Since then, the plaintiffs, four and four others, and four others, through a decision in lieu of conciliation in a lawsuit for transfer registration of ownership in accordance with an agreement filed against E (Seoul District Court Order 2013Na186 dated April 12, 2013; hereinafter "the decision of this case"), the defendant, on the ground of an agreement on December 6, 1998, entered into between I, J and K as to shares in the real estate of this case, with each of 14/232 shares, with each of 38/232 shares to L, and each of 22/232 shares transfer registration procedures were concluded as they are. The decision of this case was finalized as they are.

Accordingly, on January 15, 2015, J, L, Plaintiff B, and C respectively completed the registration of transfer of shares in accordance with the above decision among the instant real estate on February 4, 2015.

Therefore, pursuant to Article 187 of the Civil Act, the plaintiffs acquired each share in the real estate of this case on March 28, 2012, which is the date of the decision of provisional disposition as above, I, J, K, and L, respectively, on the date of decision of this case.

On the other hand, on December 9, 2013, the defendant filed for the registration of transfer of all shares of the plaintiff A among the real estate of this case for the reason of sale by compulsory auction.

Therefore, the defendant brought a lawsuit of partition of co-owned property against the plaintiffs and four others in Daejeon District Court on December 17, 2013.

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