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(영문) 수원지방법원 2014.11.28 2014구합4796
부동산압류처분무효등 확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. B 4100 square meters prior to the division (hereinafter “instant land before the division”) were owned by the original network D (hereinafter “the deceased”). However, following the deceased’s death on May 30, 196, the deceased’s wife E (29 shares), children (1/29 shares), F (1/29 shares), G (29 shares), H (2/29 shares), H (2/29 shares), J (4/29 shares), K (2/29 shares), K (2/29 shares), L (2/29 shares), and M (2/29 shares) were jointly owned by the co-inheritors.

B. C was awarded a bid for the total of 10/29 shares of the land before the instant partition in the Nelective Auction Procedure at Suwon District Court on May 24, 191 (hereinafter “instant share”), and completed the registration of ownership transfer on June 15, 1991.

C. Since then C filed a lawsuit claiming partition of co-owned property on nine parcels of land including the land before the instant partition against the remaining co-owners, including the Plaintiff (the principal lawsuit) and 98 money33141 (97Gadan9648), 9833 (97Gadan20041) (Counterclaim) (Counterclaim) of the instant case on July 21, 1998, the conciliation was concluded that “2,347 square meters, which is part of the land before the instant partition, divided the land before the instant partition, and the remaining 1753 square meters, are owned by co-inheritors, including the Plaintiff.”

C and the Plaintiff, etc., on April 26, 199, divided the land before the instant partition into B, 1753 square meters (hereinafter “instant land”) and P, 2347 square meters. C completed the registration of ownership transfer on the ground of the partition of co-owned property as of April 26, 1998, with respect to the O 2347 square meters divided on April 26, 199.

E. However, even around June 14, 2007, co-inheritors, including the Plaintiff, did not complete the registration of ownership transfer for the instant land even after the establishment of mediation, and even around June 14, 2007, C owned the instant shares, and co-inheritors including the Plaintiff, were registered as holding the remainder of the shares. However, as C did not pay national taxes, the Defendant did not pay national taxes.

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