(영문) 인천지방법원 2014.04.18 2013가단5779

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(영문) 인천지방법원 2014.04.18 2013가단5779

공유물분할

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1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) The defendant C (the name before the opening is referred to as "H") is the spouse of the net G, and the defendant D and E are their own awareness.

B. On March 20, 2001, Defendant C entered in the separate sheet (hereinafter “instant real estate”) according to the direction of the net G around March 20, 2001.

A) A sales contract concerning the instant real estate was prepared with J, an agent of the title holder I, and the main contents indicated in the sales contract are as follows: 107,50,000 won: 10,000 won intermediate payment: 44,500,000 won (payment date: April 6, 2001): The remainder amount: 53,000,000 won (payment date: May 3, 2001): 53,00 won (payment date: : 53,00,000 won) (the contractor’s name is F.). The seller and the buyer: H (the former name of Defendant C) 2) with respect to the instant real estate registered with the Incheon District Court on May 4, 201 and the ownership transfer registration was completed from the MU on April 10, 201 under the name of the owner of the instant real estate (hereinafter “the ownership transfer registration”).

At the time of the application for the registration of transfer of ownership of this case, the sales contract, stating the purchaser's column prepared separately from the above sales contract, as "F" and " April 10, 2001," is deemed to have been submitted.

3) The network F died on August 22, 2008, and the network G died on August 29, 2012.

4) On December 5, 2012, the Plaintiffs filed an application for the registration of transfer of ownership on the instant real estate on the grounds of inheritance on August 22, 2008, and around that time, the registration of inheritance was completed according to the proportion of statutory shares in the name of the Plaintiffs, the heir of the deceased F, and the Defendants, as stated in the attached share ratio in the name of the Defendants (the Plaintiffs filed an application for the registration of inheritance according to statutory shares in inheritance without consent of the Defendants, and the registration of inheritance was completed upon such application.

(ii)(based on recognition.).

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