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(영문) 서울서부지방법원 2019.01.24 2017나38000
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiffs' lawsuit and the plaintiffs' successor intervenor against defendant E.

Reasons

1. Facts of recognition;

A. The network H (Death on August 29, 1998) had N (O, change of sex weather with the United States of America), network J (1957, death on August 5, 2013), Defendant C, D, and E as their children between G and G, and the network J had the Plaintiffs as their children between P and P. After divorced from P on January 1, 2008.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the school foundation I. As of September 30, 1991, the registration of ownership transfer for one-third shares was completed in the name of G with respect to the shares of two-thirds of September 30, 1991, due to each trade in the name of the deceased JJ.

C. Since then, upon the death of the deceasedJ, the registration of ownership transfer was completed on February 19, 2014 with respect to 3/21 shares among the shares of the deceasedJ, in the name of K as to 3/21 shares, and with respect to 2/21 shares in the name of the plaintiffs, due to each inheritance in the name of the plaintiffs. As G donated its shares to Defendant C, D, and E on March 31, 2014, with respect to 2/9 shares in G on April 23, 2014, the registration of ownership transfer was completed for each gift made in the name of the defendants as to 2/9 shares in the name of the defendants. On August 29, 2014, K sold its shares to the Intervenor F Co., Ltd., Ltd. (hereinafter referred to as the "Defendant Co.) succeeding to Defendant E, Ltd on September 1, 2014, the registration of ownership transfer was completed on September 3/21, 2014.

Meanwhile, as Defendant E sells his/her share to the Defendant Company on January 4, 2018, the registration of ownership transfer was completed on February 14, 2018 due to the purchase and sale of shares in the name of the Defendant Company. As the Plaintiffs sold their share to the Intervenor succeeding to the Plaintiff on September 12, 2018, the registration of ownership transfer was completed on September 13, 2018 and September 14, 2018 under the name of the Intervenor succeeding to the Plaintiff on September 21, 2018.

E. As of the date of the closing of argument in the instant case, the share of 4/21 of the instant real estate is owned by the Intervenor succeeding to the Plaintiffs, and each of 2/9 shares.

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