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(영문) 인천지방법원부천지원 2015.01.30 2011가합3175
소유권이전등기말소 등
Text

1. Of the instant lawsuits, the action of demurrer and the action of confirmation of existence of a right shall be dismissed, respectively.

2. The plaintiffs.

Reasons

1. Facts of recognition;

(a) The relationship between the parties 1) the network E (hereinafter “the network”);

) On June 27, 1943, the first deniedr F and the Defendant completed the marriage declaration on June 5, 1955, respectively, and completed the marriage declaration with D, the second deniedr on June 7, 1956. 2) The Plaintiff was registered as G students, H as students, and as children between each deceased and F on the family relations register as J students.

Plaintiff

B is registered as the children between the deceased and D in the family relations register as K, L, O, P, Q, respectively.

3) On October 19, 2006, the deceased died. (B) On January 9, 2007, the deceased’s heir agreed to divide the inherited property (hereinafter “instant division agreement”) with D 5/17 shares, and with the content that the Defendant would share the respective real property listed in the separate sheet (hereinafter “each of the instant real property”) owned by the deceased as shares of 12/17 shares, on January 9, 2007.

2) On April 5, 2007, each of the instant real estate was registered as to the shares of 12/17 shares in the Defendant’s future on April 5, 2007 due to the inheritance by division of the instant agreement, and each of the above shares of 5/17 shares in the D future on April 5, 207 (hereinafter “the transfer registration of shares in the instant case”).

C. C. On March 18, 2010, the Defendant filed a lawsuit of partition of co-owned property as to each of the instant real estate in the instant court against D on March 18, 2010, and received a favorable judgment ordering auction division (2010da959) at the first instance court.

From the appellate court of the above case (Seoul High Court 2010Na105558), the conciliation between the defendant and D was established on December 15, 2010 as follows (hereinafter “instant conciliation”).

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 costs and expenses for conciliation shall be borne by each person;

2. The defendant shall raise an objection.

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