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(영문) 의정부지방법원고양지원 2020.01.08 2019가단70229
제3자이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G, on October 29, 2016, for which the Plaintiffs’ inheritance relations and the owners of the entire shares of each of the real estate listed in the separate sheet on the division of inherited property (hereinafter “each of the instant real estate”), died. From among co-inheritors, H died on October 29, 2016, H was rendered a judgment of renunciation of inheritance by the High Court of the Republic of Korea District Court 2017Ra96, and I jointly inherited G property by the Plaintiffs, F, J, and K, respectively.

On October 19, 2018, the Plaintiffs filed for the adjudication on the division of inherited property with Seoul Family Court No. 2017Dhap1024, and the judgment was rendered on October 19, 2018 by the Plaintiffs and J that each of the instant real estate share 1/5 shares, except for F having special benefits in excess of the share of inheritance. The appeal was dismissed (Seoul High Court 2018Bu329) and the judgment was finalized on August 10, 2019.

B. The Defendant: (a) filed a payment order (the claimed amount KRW 1,206,052,251) against F in order to pay the F, which was rendered by the High Court of Suyang-si, the High Court of the Republic of Korea, 2016, Jeonyang-si, the High Court of the Republic of Korea, 2016.

Afterward, the Defendant filed an application for the registration of ownership transfer under the name of co-inheritors with respect to each of the instant real estate in subrogation of F, and filed an application for compulsory execution on July 3, 2018 on the basis of the executory exemplification of the said payment order, with respect to the F share (each 2/16) among the instant real estate on July 4, 2018. The compulsory decision to commence compulsory sale was made on July 4, 2018, and the auction procedure is underway.

(The grounds for recognition). [The grounds for recognition] No dispute or significant fact in this Court, Gap 1 to 7 evidence (including a Serial number) and the purport of the whole pleadings.

2. Determination:

A. The plaintiffs asserted that the division of inherited property is retroactively effective at the time of commencement of the inheritance, and therefore F does not own any ownership of each of the instant real estate, and F. of each of the instant real estate for which the defendant applied for compulsory execution.

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