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(영문) 수원지방법원 2014.11.14 2014나2706
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are Pyeongtaek-si to the Plaintiff (Appointed) and the Appointed B.

Reasons

1. Basic facts

A. The transfer process of the ownership of the instant land is 1) Pyeongtaek-si 154 square meters (hereinafter “instant land”)

(C) On January 17, 1976, K succeeded to 3/7 shares, L and Defendant F, G, and H, respectively, as the heir died on September 24, 1969. On January 17, 1976, K succeeded to 3/42 shares, Defendant F, G, and H, each of which was the heir (i.e., 3/6 shares, 3/6 shares, Defendant F, Defendant F, Defendant G, and Defendant H owned 1/6 shares (i.e., 6 shares, 3/6 shares, Defendant F, Defendant G, and Defendant H), respectively.

(2) However, upon the death of K on October 14, 200, Defendant D acquired the entire share (3/6) of K due to the inheritance due to the agreement division (including the completion of the share transfer registration on June 1, 2002), and the selected B purchased the said share of Defendant D in the course of the voluntary auction at this court’s M& auction on June 23, 201.

3) On the ground that Defendant F, G, and H was co-owners of the instant land, the Selected filed a lawsuit claiming partition of co-owned property against Defendant F, G, and H by this Court No. 201Gadan16627, and was sentenced by the said court to sell the instant land at auction and distribute the price in proportion to co-ownership shares. 4) Accordingly, the formal auction procedure based on the co-ownership share (1/2) of Defendant F, G, and H’s co-ownership of the instant land was commenced by this court N, and the Plaintiff (Appointed Party) purchased the share of Defendant F, G, and H’s co-ownership of the instant land at the above auction procedure on May 23, 2013.

B. 1) As of the transfer process of ownership of the instant building, on the ground of the part (A) of 74 square meters on the ground that connects each point of the attached drawings No. 9, 10, 11, 12, 13, 14, and 9 among the instant land in sequence, one story of cement block structure plastic pole and roof (hereinafter “instant building”) is located.

2) Since acquiring the ownership of the instant land, J shall not exceed 23.3m3m2 on the ground, and “Gu buildings”.

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