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(영문) 춘천지방법원강릉지원 2015.08.25 2015가단1013
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 1, 1993, the Defendant filed an application for provisional disposition 93Kadan2855 with respect to C with respect to the provisional disposition with respect to the share of 589/1,185 square meters in each of the shares of 1/3 shares of 589/1,185 square meters in the Seoul District Court, and completed the provisional disposition with respect to the prohibition of the provisional disposition with respect to the above share of 3,564 square meters in Gangnam-si, 3, 564 square meters in Seoul, and 969 square meters in total, G 2,648 square meters in total, G, H 2,661 square meters, and 945 square meters in each of 589/1,185 square meters in each of the shares of 1/3 shares in the Republic of Korea.

On August 8, 2005, the Defendant filed a lawsuit against C with the Seoul Southern District Court 2005Gadan9344, and received a settlement recommendation on August 8, 2005, stating that “C shall implement the procedures for the registration of ownership transfer on the ground of sale on August 1, 1992, with respect to the share of 589/1,185 square meters, among the share of 3,564 square meters in Gangnam-si, Seoul Metropolitan Government, 969 square meters in total, G 2,648 square meters in total, G 2,668 square meters in total, and H 2,661 square meters in total, and one-third share of 945 square meters in I, respectively, (hereinafter “instant settlement recommendation decision”). The said settlement recommendation decision became final and conclusive on September 6, 2005.

B. On December 2, 2008, each real estate indicated on the indication of the real estate before subdivision 2 (hereinafter “real estate before subdivision”) owned 3,556/10,668 shares in the previous net J, the Defendant’s husband K and C, respectively.

C. On December 2, 2008, the Plaintiff sold 2,967/10,668 shares in C’s 1/3 shares of the real estate before subdivision during the compulsory auction procedure, and completed the registration of ownership transfer with the receipt of 40208 on December 15, 2008.

For the above reasons, the real estate before subdivision was owned by the deceased J and K, respectively, and C 589/10,668 shares, and C 2,967/10,668 shares, respectively.

E. On August 22, 2010, the deceased J and K filed a lawsuit in the case of partition of co-owned property (hereinafter “related litigation”) with the Chuncheon District Court Gangnam-gu 2009Kadan521, and the deceased J succeeded to the deceased J’s property at the rate of 3/7 shares of husband, Ma and N, each of 2/7 shares of husband, 3/7 shares of children, and 2/7 shares of husband.

F. The above partition of co-owned property

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