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(영문) 수원지방법원성남지원 2015.07.15 2013가합10082
공유물분할
Text

1. As to the land listed in paragraphs 1 through 6 of the Schedule 1.

(a)as shown in Appendix 1. List 5, as well as

Reasons

1. Basic facts

A. On March 1, 1975, E, F and G jointly agreed to operate a salt farm and purchased the land listed in the list on March 1, 1975 (hereinafter “instant land”; and completed the registration of transfer of shares for 1/3 of each of the instant land on March 21, 1975. Since E subsequently, around 1983, in equally divided shares of the instant land and sold to G and F wife, F, and G shared shares of each of the instant land in 1/3, 1/6, 1/2.

B. On April 30, 2005, F and H donated all their respective shares in the instant land to the Plaintiff, who is his father, and on the other hand on March 2, 2004, G also donated one-eight shares in equal shares to Defendant B, C and their grandchildren, and Defendant D on March 2, 2004. On October 12, 2005, I shares were donated to Defendant C, and Defendant D shares were both donated to Defendant C, and Defendant D shares were terminated on October 14, 2005, respectively.

C. Since July 12, 2010, Defendant D filed a lawsuit for damages against Defendant B and C as Seosan Branch of Daejeon District Court 2010Kadan7296, Defendant D entered into the lawsuit for damages, such as the cancellation of all the share transfer registration regarding the share that he/she donated to the Defendant B as above. Accordingly, on October 27, 2011, Defendant D’s share transfer registration for Defendant D1/8 was cancelled in the future.

In addition, the registration of transfer of shares made in Defendant D1/8 among the remaining lands except J land is not cancelled at present, and Defendant D applied for a provisional disposition of acceptance on October 18, 201 by filing a claim for cancellation of the above share transfer registration with the right to preserve the land (Seoul District Court Seosan Branch 201Kahap322), and the co-ownership relation of the land at present is as follows.

Serially, the Plaintiff B’s share in land is Defendant C.

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