logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.17 2015나24616
건물명도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are siblings, E are the mother of the plaintiff and the defendant, the Selection C is the defendant's wife, and the Selection D is the defendant's children.

At the time of the date of the closing of argument in this case, the Defendant and the designated parties reside in each real estate listed in paragraphs 10 and 11 of the attached Table (hereinafter referred to as “instant house”) along with E.

B. The Defendant, who was born between F and E, died on August 29, 2008 by South-Nam, G 2 South-Nam, the Plaintiff 3 South-Nam and H, and F was a senior woman.

C. F purchased each real estate listed in the separate sheet Nos. 2, 3, 4, and 5 on December 3, 1998, and completed the registration of ownership transfer in the joint names of the Plaintiff, Defendant, and G three persons. On September 30, 2003, F was transferred from the Plaintiff the Plaintiff’s share in each real estate listed in the separate sheet Nos. 2, 3, 4, and 5.

F At the time of the death of August 29, 2008, there were 1/3 ownership shares of each real estate listed in the separate sheet Nos. 1, 6, 7, 8, and 9 as inherited property and each real estate listed in the separate sheet No. 2, 3, 4, and 5 of the instant housing and the separate sheet No. 2, 4,

E. On October 29, 2009, E donated to G the 3/11 inheritance shares on the real estate listed in paragraph (1) of the [Attachment List No. 1] on October 29 and December 16, 2010 to the Defendant, the 3/11 inheritance shares on each real estate listed in the Attached List No. 6, 7, and 9, and the 3/11 inheritance shares on October 29, 2009 to the Plaintiff and the Defendant, and the 3/11 inheritance shares on each real estate listed in paragraph (8) of the Attached List No. 8 of the Attached List No. 3/11, respectively, to D.

F. The Plaintiff filed a lawsuit seeking partition of co-owned property against the Defendant, G, H, and Appointor D by Suwon District Court 2012Da36667, as to each real estate indicated in the separate sheet, and conciliation was established on January 14, 2014 as shown in the separate conciliation clause.

(hereinafter “Adjustment of Division Case of Co-Owned Property”). [Ground for Recognition] A does not dispute, Gap evidence 1-1, 2, 2 and 3, Eul evidence 1, and the purport of the whole pleadings.

2. Assertion and determination

A. The plaintiff 1 is the plaintiff-friendly E, such as the conciliation clause in the case of partition of co-owned property.

arrow