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(영문) 서울중앙지방법원 2015.11.27 2014가합578201
공유물분할
Text

1.(a)

Attached Form

The land specified in paragraph (1) of the list is attached to an auction and the auction cost is deducted from the price.

Reasons

1. Basic facts

A. The Plaintiffs related to the parties and the Defendants are children of the networkF (Death on March 30, 2014, hereinafter “the network”).

B. The deceased owned each real estate listed in the separate sheet (1) from December 30, 1975 to the land listed in paragraph (1) of the separate sheet (hereinafter “instant land”).

A) The Defendant owned the building, and Defendant C owned the building indicated in Paragraph 2 of the same Table (hereinafter “instant building”) around January 1, 1989 on the land of this case and on the land of the Gangnam-gu Seoul Metropolitan Government G large 449.6 square meters adjacent to the same day. Around January 1, 1989, the Deceased built a new building on the instant land and the building indicated in Paragraph 2 of the same Table (hereinafter “instant building”). On the 25th of the same month, the Deceased and Defendant C had registered the preservation of ownership as to each one-half of the instant building

3) After June 13, 200, Defendant C received 330.6/910.2 shares of the instant land from the Deceased and completed the registration of ownership transfer for the said shares on the 16th of the same month. 4) On August 14, 2008, Defendant C drafted a testamentary document to the effect that “the Plaintiff, Defendant E, and B shall make a testamentary gift of each of the deceased’s shares in the instant land and buildings, each of 1/4 shares of the deceased,” and the Plaintiffs, the Defendants, etc. concluded a contract to share ownership as to the instant land and buildings on August 16, 2014, the deceased’s death, with the same content as the said testamentary document.

5) Thereafter, on August 20, 2014, Plaintiffs, Defendants E, and B completed the registration of ownership transfer for shares (579.6/910.2 x 1/4) in each of the instant lands on the grounds of legacy on August 20, 2014, and completed the registration of ownership transfer for shares (579.6/910.2 x 1/4 x 1/2 x 1/4) among the instant buildings. On the same day, each of the instant buildings was subject to the registration of ownership transfer for shares of 1/8 (the network’s shares x 1/2 x 1/4).

2. Determination as to the plaintiffs' claims

A. According to the above facts acknowledged as above, Defendant C’s share of 330.6/910.2 of the land of this case and the 1/2 shares of the building of this case, and the Plaintiffs, Defendant E, and Defendant E.B.

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