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(영문) 수원지방법원평택지원 2013.12.13 2013가단9265
토지인도
Text

1. The plaintiffs' primary claims are dismissed.

2. The Defendants: 14,817,570 won to each of the Plaintiffs, and 7,706.

Reasons

1. Facts of recognition;

A. The transfer process of ownership of the instant land 1) 154 square meters of Pyeongtaek-si I’s land (hereinafter “instant land”).

(B) On September 24, 1969, K transferred 3/7 shares, L, Defendant F, Defendant G, and Defendant H inherited 1/7 shares, respectively. Since L died on January 17, 1976, K, its heir, inherited 3/42 shares, Defendant F, Defendant G, and Defendant H inherited 1/42 shares (in conclusion, 3/6 shares, Defendant F, Defendant F, Defendant G, and Defendant H owned 1/6 shares, respectively.

(2) On June 1, 2002, Defendant D acquired the entire K’s share (3/6) of the instant land due to an inheritance by agreement division. On June 23, 2011, Plaintiff B purchased Defendant D’s share in this court’s voluntary auction procedure with respect to Defendant D’s share.

3) On the ground that Plaintiff B is co-owner of the instant land, filed a lawsuit against Defendant F, G, and H seeking co-ownership of the instant land under this Court Order 201Gadan16627, and was sentenced by the said court to sell the instant land at auction and distribute the price in proportion to co-ownership shares. 4) Accordingly, the formal auction procedure based on the co-ownership share (1/2) of Defendant F, G, and H’s co-ownership of the instant land was commenced as Defendant F, G, and H’s co-ownership share in the instant land. On May 23, 2013, Plaintiff A purchased shares of Defendant F, G, and H in the instant auction procedure.

B. 1) After acquiring the ownership of the instant land, J has successively connected each point of (A) part of cement block structure and plastic roof 74 square meters on the ground of cement block structure (hereinafter “instant building”) among the instant land, which is located in the sequence of 9, 10, 11, 12, 13, 14, and 9 among the instant land after acquiring the ownership of the instant land.

2) Following the death of September 24, 1969 by J, K succeeded to 3/7 shares, L, Defendant F, Defendant G, and Defendant H, respectively.

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