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(영문) 서울중앙지방법원 2017.02.08 2016가단5138544
공유물분할
Text

1. The plaintiff's lawsuit against defendant D is dismissed.

2. The plaintiff's claims against the defendant B and C are all filed.

Reasons

1. Facts of recognition;

A. The plaintiff is the father of defendant C, and the defendant B is the creditor of defendant C.

B. On December 17, 2007 between Defendant C and Defendant B, the Seoul Central District Court 2007No2541 (hereinafter “Seoul Central District Court”) filed a lawsuit as follows.

(hereinafter referred to as the “Reconciliation” in the following Reconciliation Clause refers to the land of approximately 26,00 square meters in total, 10 parcels of the Gu, H, I, J, K, K, L, L, M, N,O, P, and P during Gyeyang-si (hereinafter referred to as the “Tudong 10 parcel, and the individual land shall be specified as the parcel number).

1. Defendant C shall pay Defendant B KRW 1,982,40,000 by September 26, 2007.

2. Where the defendant C fails to pay the above money by the due date, with respect to each registration of ownership transfer for the land in the annexed sheet (real estate list), the above money shall not be paid:

A. After the registration of transfer of ownership in the name of Defendant C with respect to all R-owners' shares in the attached list (real estate list) on the land in the attached list (real estate list), the Defendant C shall register the transfer of ownership to the Plaintiff with respect to the portion “(A)” attached in sequence connecting each point of “(a), (b), (c), (d), (f), (f), (g), (h), and (A) of approximately 19,95 square meters among the entire shares of Defendant C in the attached list (real estate list) with respect to the entire land in the attached list (real estate list), and the remaining land in the name of Defendant B.

B. As to 329/528 of co-owners’ share in the above J-5,286 square meters of land in the annexed list (real estate list), among the land in the annexed list (real estate list), the defendant C shares the co-owners in co-ownership and division with the following points in order among the indication of the annexed sheet (see the annexed sheet: the provisional division of land).

All of the registration taxes, education taxes, acquisition taxes, transfer income taxes, etc. related to the registration of ownership transfer for all of the land in the attached list (real estate list) shall be borne by Defendant B.

C. Defendant C R.

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