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(영문) 대구지방법원 2017.07.05 2017나301399
공유물분할
Text

1. Of the judgment of the court of first instance, concerning each land listed in [Attachment 4, 5, and 6] list and buildings listed in [Attachment 2] list.

Reasons

1. Basic facts

A. Each of the instant lands was owned by the Network K (hereinafter “the deceased”). The Deceased died on September 9, 201.

The plaintiff, the defendant B, C, D, and E are the deceased's children, and the defendant F is the deceased's wife.

B. On April 27, 2006, the inheritance registration was completed in accordance with the statutory inheritance shares in the name of the Plaintiff and the Defendants, the inheritor, upon the application for subrogation by the Busan-dong Agricultural Cooperative for the land Nos. 1, 2, and 3 of this case.

C. Of the instant land No. 1, the registration of ownership transfer was completed on January 31, 2012 with respect to Defendant C’s share on the ground of sale on January 9, 2012, and the registration of ownership transfer was completed in the name of Codefendant G in the first instance trial on the ground of public sale on October 22, 2012. The registration of ownership transfer was completed in the name of Codefendant H in the first instance trial on October 29, 2012 on the ground of public sale on October 29, 2012. As to Defendant F’s share, the registration of ownership transfer was completed on the same day on the ground of donation on October 29, 2012.

Of the instant land No. 2, the registration of ownership transfer was completed in the name of co-defendant I on May 22, 2007 due to the sale by compulsory auction on April 24, 2007 with respect to the shares of Defendant F among the instant land, and the registration of ownership transfer was completed in the name of co-defendant I in the first instance trial on July 14, 201 due to the public sale on July 25, 201.

E. Of the instant land No. 3, on July 19, 2007, the registration of ownership transfer was completed under the name of co-defendant J on July 30, 2007 due to the sale by compulsory auction on July 30, 2007. As to the shares of Defendant D, the registration of ownership transfer was completed under the name of Co-Defendant J on July 4, 201 due to the public sale on July 28, 201, and the registration of ownership transfer was completed under the name of Co-Defendant J on July 4, 201. As to the shares of Defendant C on December 12, 2011, the registration of ownership transfer was completed in the name of Co-Defendant G on December 21, 2011.

F. The land Nos. 4, 5, and 6 of this case is a state in which the registration of inheritance has not been completed.

G. On the land No. 4 of this case, each of the buildings listed in the separate sheet No. 2, which the deceased completed the owner registration in the building ledger around 1960.

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