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(영문) 부산지방법원 2018.12.05 2018나340
임료
Text

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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 1,195,634 won and 634 won.

Reasons

Any counterclaim filed by the principal lawsuit and this court shall also be deemed to be a counterclaim.

1. Basic facts

(a) An entry in the separate sheet in the ownership relationship of each real estate in the separate sheet;

1. Real estate (hereinafter “instant land”) was jointly owned by B and C, respectively, 56/112 shares. However, on September 27, 2007, the Defendant completed the registration of transfer of shares based on “Succession by Consultation Division” in the Defendant’s name on September 27, 2007, and on August 26, 2014, the registration of change of ownership was completed in the name of the Defendant for shares 504/1232 out of the said shares on the ground of “Recovery of real name” and for the remaining shares 112/1232 in the name of D.

Since then, the procedure for compulsory sale by official (Dongsan District Court Branch Branch E) was carried out for shares of 112/1232 in the name of D with respect to each real estate of this case. On July 15, 2015, the Plaintiff purchased shares of 112/1232 regarding each real estate of this case in the procedure for the compulsory sale by official auction on July 15, 2015 and completed the registration of transfer on September 4, 201

2 Entry in the separate sheet

2. The real estate (hereinafter “instant building”) completed the registration of ownership preservation on October 6, 1992. On September 27, 2007, the Defendant completed the registration of ownership transfer on the instant building under the name of the Defendant on September 27, 2007, on the ground that the Defendant completed the registration of ownership transfer based on “an inheritance by consultation division” on the part of the Defendant, and on August 26, 2014, on the part of the instant building, 9/11 shares of the instant building under the name of the Defendant, and on the remainder of 2/11 shares, the registration of ownership modification was completed under the name of D.

Since then, the procedure for compulsory auction for shares in 2/11 in the name of D related to the building of this case was conducted, and the plaintiff purchased 2/11 shares in the above compulsory auction procedure on July 15, 2015 and completed the registration of share transfer on September 4, 2015.

B. On November 2, 2015, the Plaintiff filed a lawsuit between the Plaintiff and the Defendant with the Busan District Court on November 2, 2015, as to the partition of co-owned property as to the instant land and building and the instant land under the Busan District Court Branch Branch Decision 2015No2089.

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