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(영문) 서울중앙지방법원 2017.09.07 2015가단5322205
공유물분할
Text

1. The real estate listed in the annex 1 list shall be put to an auction, and the proceeds of the sale shall be deducted from the auction cost.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The deceased, the owner of the real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”) (hereinafter “the deceased”). However, the deceased died on January 22, 2007, the deceased’s property was inherited to the inheritor according to the statutory share of inheritance.

B. Both the Plaintiffs and the Defendants except Defendant T are the inheritors of the Deceased, and Plaintiff A is the legal status of the Deceased, and the rest of the Plaintiffs, Defendant P, Q, and S are the offsprings of the Deceased.

However, according to the heir’s share in W’s inherited property (2/29) inherited by the Plaintiff A, one of the children of the deceased, died on August 6, 2008, the heir’s share in the deceased’s inherited property became 2/29 each of the Defendants except the Plaintiff A’s 5/29 and the Defendant T, as shown in the attached list 2.

C. Defendant T was in de facto marital relationship with the Deceased with Defendant Q and S’s mother. Of the instant real property, the title 20 of the instant real property shared 1/3 shares together with the Deceased and Defendant Q. After the Deceased’s death, the title 20 of the instant real property was owned by the Plaintiffs and the Defendants as shown in the attached Table 3’s co-ownership shares.

The Plaintiffs, and Defendant P, Q, and S completed the registration of ownership transfer on the instant real estate Nos. 1 through 19 of the instant real estate (including the portion of public land) on August 21, 2015 or September 1, 2015 as indicated in the separate sheet No. 2 attached hereto due to inheritance. The Plaintiffs and the Defendants completed the registration of ownership transfer on the instant real estate No. 20 of the instant real estate on September 1, 2015, as indicated in the separate sheet No. 3 attached hereto.

E. Meanwhile, as of March 17, 1985, the deceased's "as of March 17, 1985," "3 through 10 real estate of the real estate of this case" is "the tenement of this case".

B by April 16, 1985, registration shall be made in the name of the deceased, Defendant Q Q, S, and T four persons, and if the deceased fails to comply with this, the consent of the deceased shall be obtained.

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