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(영문) 대구지방법원 상주지원 2018.08.22 2017가단6442
제3자이의
Text

1. The original copy of the judgment with executory power over the partition of co-owned property in Daegu District Court Decision 2014Kadan2401.

Reasons

1. Facts of recognition;

A. On July 16, 1926, the registration of ownership transfer was completed in the name of E on July 16, 1926 with respect to the area 11,832 of D forest land located in the border area.

Around June 26, 1933, the above real estate was divided into F forest 11,580 square meters, G forest 139 square meters, H forest 139 square meters, and H forest 1 square meters, and on each divided real estate, the ownership transfer registration of 1/6 equity shares was completed in the name of I, J, K, L, M, and N on June 29, 1963.

The above F, G, and H land were successively divided from May 7, 2007 to each real estate listed in the attached Tables 1 and 2.

B. The shares of I in each real estate listed in the separate sheet Nos. 1, 2, and list were transferred on May 16, 201 to O, the father of the defendant, on the ground of an agreement on the division of inherited property on July 7, 1972.

O's share was transferred to the defendant on the same day on the same day on May 24, 2012.

C. N’s share in each real estate listed in the separate sheet Nos. 1 and 2 was transferred on October 18, 2012 to the Plaintiff on January 15, 1999.

On December 26, 2012, the registration of transfer of ownership in the name of the defendant was completed due to the donation by this court 22788. D.

With respect to each real estate listed in the separate sheet No. 2, each transfer registration in the name of resident on October 30, 2012 was completed on the grounds of a consultation on the land for public use on November 1, 2012.

E. Defendant, P, Q, and R filed a lawsuit against the remaining co-owners on the registry as to partition of co-owned property as to each real estate listed in the separate sheet No. 1 at the time of this court’s 2014Gadan2401. On April 8, 2015, Defendant, P, Q, and R filed a lawsuit for partition of co-owned property as to each real estate listed in the separate sheet No. 1

(hereinafter “Judgment on partition of co-owned property of this case”)

F. Based on the instant judgment on partition of co-owned property, the Defendant filed an application for voluntary auction as to each real estate listed in the separate sheet C with this court, and rendered a judgment of voluntary auction decision on February 6, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, respectively.

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