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(영문) 인천지방법원부천지원 2015.01.30 2013가합2442
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) the network F (hereinafter “the network”).

) On June 27, 1943, G and the Defendant reported their marriage on June 5, 195, respectively, and completed the marriage report with the Plaintiff A, the first deniedr on June 7, 1956. 2) H was registered as a child of each deceased and G in the family relations register as a child of each deceased and G on the family relations register.

M is registered as N, Plaintiff B as P, Plaintiff C as P, and Plaintiff Qirs, respectively, in the family relations register.

3) On October 19, 2006, the deceased died on October 19, 2006. (B) On January 9, 2007, the deceased’s inheritors entered each real estate listed in the separate sheet (hereinafter “each real estate of this case”) that was owned by the deceased, entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the purport that A would share 5/17 shares in the Plaintiff and the Defendant would share 12/17 shares in the separate sheet (hereinafter “instant division agreement”).

2) On April 5, 2007, each of the instant real property had been registered for the ownership transfer of 12/17 shares in the Defendant’s future on April 5, 2007 due to the inheritance by the instant agreement division, and each of the said shares was registered for the Plaintiff’s 5/17 shares in the Plaintiff’s future (hereinafter “instant share transfer registration”).

C. C. On March 18, 2010, the Defendant filed a lawsuit of partition of co-owned property on each of the instant real estate with the court against the Plaintiff A, thereby winning the judgment of the first instance court ordering auction division (2010dan99).

In the appellate trial of the above case (Seoul High Court 2010Na105558), the mediation between the defendant and the plaintiff was established on December 15, 2010 as follows (hereinafter “instant mediation”).

1. On or after March 15, 2011, each real estate listed in the separate sheet (each of the instant real estate) shall be put to an auction to distribute to the Plaintiff (the Defendant of this case) an amount remaining after deducting the auction cost from the proceeds thereof, in proportion to 12/17 and 5/17, respectively.

2. The total cost of the lawsuit; and

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