logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.12.17 2019가단201504
공유물분할
Text

1. The part regarding the plaintiffs' requests for extradition among the lawsuits in this case is dismissed.

2. Defendant F shall be KRW 130,000,000 from the Plaintiffs.

Reasons

1. Basic facts

A. On June 3, 2017, I (hereinafter “the deceased”) died on June 3, 2017. As to the real estate listed in the attached list owned by the deceased (hereinafter “the instant apartment”), Defendant F and the Plaintiffs, who were the deceased’s inheritors, based on their respective inheritance shares, completed each transfer registration (Defendant F 3/13 and 2/13 of the Plaintiffs, respectively) based on inheritance under the Seoul Western District Court’s Seodaemun Registry No. 23414, Jun. 21, 2017, based on their respective inheritance shares.

B. Defendant F completed the registration of the share transfer claim on July 5, 2017, the Seoul Western District Court (Seoul Western District Court Decision 25191, which was received on July 5, 2017, with respect to the registration of the share transfer on the instant apartment (hereinafter “instant registration”) to Defendant G. D.

On July 7, 2017, the Plaintiffs filed a lawsuit against Defendant F with Seoul Western District Court 2017Kadan14317, which was the Seoul Western District Court 2017Ra14317, and the said court brought a lawsuit against the said Defendant F for compulsory adjustment on February 19, 2018 after submitting the instant case to the conciliation under 2018Ma31522, and the following compulsory adjustment was made. The said compulsory adjustment decision became final and conclusive on April 17, 2019 on the grounds that both the Plaintiffs and Defendant F did not raise any objection.

(hereinafter “instant compulsory adjustment”). 1. The Plaintiffs jointly and severally pay KRW 130,000,000 to Defendant F by September 28, 2018.

(2) On September 28, 2018, Defendant F shall deliver the instant apartment to the Plaintiffs by September 28, 2018.

3. Paragraphs 1 and 2 shall be simultaneously implemented.

4. The Plaintiffs waive all remaining claims against Defendant F.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Prior to the judgment on the merits (the judgment on Defendant F’s request for extradition) the Plaintiffs were paid KRW 130 million by Defendant F from the Plaintiffs, and at the same time, the apartment of this case.

arrow