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(영문) 창원지방법원 2019.01.10 2016나59994
토지인도
Text

1.The judgment of the first instance court, including any claims added at the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

On June 28, 1965, FF, who was aware of the occurrence of the obligation to return unjust enrichment, completed the registration of preservation of ownership as to the land of 2,724 square meters (the land was divided into each land listed in the separate sheet on November 26, 2012, with respect to the land above; hereinafter “each land of this case”).

The deceased on June 5, 1992, the deceased on June 5, 1992, and the deceased's heir was H (3/36 of the inheritance portion), Ha (3/36 of the inheritance portion), grandchildren I, J, and K (2/36 of the inheritance portion), and the above inheritors completed the registration of ownership transfer due to each inheritance share on the land of this case on July 3, 2015, on the grounds of inheritance as of June 5, 1992.

H, on November 23, 2012, sold each of the instant lands to Defendant D in the purchase price of KRW 15 million, consented to the use of each of the instant lands, and delivered each of the instant lands to Defendant D.

Defendant D purchased a total of 9/36 shares of each of the instant lands from H, I, J, and K on December 3, 2016, and completed the registration of ownership transfer on December 6 of the same year.

Defendant D, a co-owner of each of the instant lands, filed a lawsuit against the Plaintiffs for partition of co-owned property as to each of the instant lands (Seoul District Court 2016Kadan15666) on December 2016, Defendant D filed a lawsuit against the Plaintiffs for partition of co-owned property as to each of the instant lands. On October 11, 2017, in the instant lawsuit, the conciliation was concluded to divide the remaining amount after deducting auction expenses from the proceeds from the sale of each of the instant lands to Defendant D 1/4 and to the Plaintiffs at the ratio of 1/4.

Defendant D filed an application for auction for partition of co-owned property on October 26, 2017 following the above conciliation. Accordingly, the auction procedure for partition of co-owned property (O for co-owned property partition) began, and each of the instant lands was sold to Plaintiff B on October 4, 2018 at the above auction procedure.

The Defendants, as married couple, operated a saccine tree on the ground of each of the instant land, and occupied each of the instant land.

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