(영문) 서울중앙지방법원 2014.11.14 2013가단185599

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(영문) 서울중앙지방법원 2014.11.14 2013가단185599

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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 December 18, 199, the Plaintiff completed the registration of ownership transfer for 1/2 shares of the housing listed in the separate sheet (hereinafter “instant housing”) due to inheritance by consultation and division on December 18, 199. On October 12, 201, the Plaintiff concluded a contract for specific management of the instant housing with the content that “C, with the remainder of 1/2 shares of the instant housing, separates the heading room of the instant housing, specified 202, 302, 202, 302, 102 of the first floor on the left side, 201, 301, 101 of the second floor and 201 of the second floor on the right side of the Plaintiff, and each co-owner agrees to the lease agreement with the other party, and notifies the lessee of such exempted consent.”

B. On April 26, 2012, the Defendant acquired 1/2 shares of the instant house C at voluntary auction by the Seoul Central District Court DD and affixed the same month.

6. 14. Completion of the registration of ownership transfer relating thereto.

C. On December 21, 2012, the Plaintiff filed an application for conciliation of partition of co-owned property with the Defendant, Seoul Central District Court 2012 Ss.65276, and on May 15, 2013, voluntary conciliation was established with the following content (hereinafter “voluntary conciliation”).

1. The applicant (nameing the plaintiff) and the respondent (nameing the defendant) shall have the buildings listed in the separate sheet of the applicant and the respondent as the sole ownership of the applicant, and the price that the respondent receives shall be 159,598 won.

2. By June 30, 2013, the applicant shall pay to the respondent the amount under Paragraph 1 at the same time as the respondent has completed the registration of ownership transfer under Paragraph 3 below.

3. The respondent shall receive the amount under paragraph (1) from the applicant by June 30, 2013, and simultaneously implement the registration procedure for ownership transfer based on the partition of co-owned property as set forth in paragraph (1), as to the 1/2 shares of the building as set forth in paragraph (1).

4. The respondent shall be.

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