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(영문) 서울서부지방법원 2014.11.04 2013가합9437
공유물분할 등
Text

Attached Form

The real estate stated in the list 1 shall be put to an auction and the remainder after deducting the auction cost from the price.

Reasons

Basic Facts

J (hereinafter, the deceased died on April 20, 207. The deceased’s co-inheritors are Plaintiff A (the wife of the deceased K), Plaintiff B, C, and D (the deceased’s heir of September 19, 193), and Plaintiff E, Defendant 3, Defendant 4 South and North, Plaintiff F, Defendant G, and Plaintiff H of 2 women.

The Deceased owned each real estate listed in the separate sheet No. 1 (hereinafter, the instant real estate) before the Deceased, but on May 4, 2004, a testamentary document was prepared to legacy the instant real estate to the Defendant. On May 3, 2007, after the Deceased’s death, on April 20, 2007, the ownership transfer registration was completed in the Defendant’s future on the ground of legacy on April 20, 2007.

On May 18, 2007, the plaintiffs filed a lawsuit against the defendant for the return of legal reserve of inheritance (Seoul Western District Court 2007Da32279) and rendered a judgment of acceptance of part of the claim on May 22, 2009, and on May 18, 2010, the appellate court (Seoul High Court 2009Na63719) rendered a judgment that "the defendant shall implement to the plaintiffs the procedure for the transfer registration of ownership on the ground of the return of legal reserve of inheritance with respect to each share stated in the column for the first share in the attached Table 2 among each real estate of this case." The defendant appealed against the defendant (Supreme Court 2010Da47223), but the judgment of the appellate court became final and conclusive on September 19, 2010.

Plaintiff

H on November 8, 2010, among the instant real estate, completed the transfer of shares in the Plaintiff F’s shares, and accordingly, the remaining Plaintiffs except Plaintiff H and the Defendant owned the instant real estate for each share indicated in the column for the final share in [Attachment 3 List].

Before the death of the deceased, the Defendant resided in the third floor of the building listed in [Attachment 1] List 2 (hereinafter “the building of this case”) and managed the building of this case and received monthly rent from the lease of the building of this case.

The Plaintiffs shall divide the instant real estate into the Defendant.

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