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(영문) 제주지방법원 2014.07.18 2013가단17116
공유물분할
Text

1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

1. Basic facts

A. Before the subdivision, the F.M. F. F. 1840.7 square meters (hereinafter “the instant inherited land”) was owned by the deceased G (hereinafter “the deceased”). On December 26, 2010, the deceased’s children, who were the deceased, inherited one-six equity shares, and completed the registration of ownership transfer on the said land on February 9, 201. The deceased’s remaining inheritors (hereinafter “heirs”) who were siblings, a sibling, died on February 18, 201 without his/her spouse and lineal descendant, inherited one-fifth equity shares, and completed the registration of ownership transfer on June 22, 2011.

B. On July 22, 2011, the instant inherited land was divided into each land indicated in the separate sheet and JJJ 368.1 square meters in order of Jeju-si (hereinafter “instant land”). In common name, each of the instant inherited land was divided into the instant land and the instant land (hereinafter “instant land”).

C. On April 4, 2014, H sold 1/5 shares of the instant land to Defendant E, and Defendant E completed a share transfer registration on April 8, 2014.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 4 (including paper numbers), the purport of the whole pleadings]

2. Determination as to Defendant D’s defense prior to the merits

A. Defendant D asserts that this case’s land should follow the procedure of a family court’s adjudication on division of inherited property, as inherited property, shall follow the procedure of a family court’s adjudication on division of inherited property. Defendant D asserts to the effect that the filing of this case’s lawsuit is not legitimate, since ordinary courts, like ordinary litigation on partition of co-owned property, shall not be determined by

In a case where the registration of ownership transfer has been completed due to co-ownership by the heir on the ground of the inheritance of the inherited property in a situation where the co-inheritors fail to reach an agreement on division of the inherited property or such agreement cannot be made, the division of the inherited property shall be made according to the Family Litigation Act.

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