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(영문) 수원지방법원성남지원 2015.05.12 2014가합6943
승계집행문부여 등
Text

1. The part of the plaintiffs' claim for partition of co-owned property against the defendants is dismissed.

2. The plaintiffs' defendants.

Reasons

1. Facts of recognition;

A. The Plaintiffs, I, and J were children of the network K (Death September 20, 2005) and the network K owned each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) before the death, they donated the real estate to J.

B. The plaintiffs and I filed a lawsuit against J for the registration of ownership transfer on the ground of the return of legal reserve in the Sungwon District Court's Sung-nam Branch (2006Gahap4218, 8029 (combined)) of the instant real estate, and the above court rendered a judgment of acceptance on November 26, 2008.

Therefore, while the J appealed, the Seoul High Court (2009Na8262, 8279) rendered a judgment on December 17, 2010 that "J shall implement each procedure for ownership transfer registration for the return of 5,372/10,000 shares to the Plaintiff A among the real estate in this case, with respect to the portion of 5,372/10,000 shares to the Plaintiff B, I and the Plaintiff C, with respect to the portion of 5,653/100,00 shares, and with respect to the portion of 5,491/10,000 shares to the Plaintiff D, with respect to the portion of 5,491/10,000 shares as of June 2, 2006."

In other words, while the J appealed, the Supreme Court (201Da18024, 18031) rendered a judgment on June 10, 201 that "all appeals are dismissed" was final and conclusive in the above appellate judgment.

C. Upon completing the registration of ownership transfer on the instant real estate on February 16, 2012 by the Plaintiffs and I pursuant to the aforementioned finalized judgment, the Plaintiffs, I, and J shared the instant real estate in proportion to the respective shares of Plaintiff A’s 5,527/100,00 of the instant real estate, Plaintiff B’s 5,372/10,000 of the instant real estate, Plaintiff B’s 5,653/100,000 shares, Plaintiff D’s 5,491/100,000 shares, and J’s 72,304/100,000 shares.

On September 8, 2011, the Plaintiffs and I filed a lawsuit claiming partition of co-owned property against J in Suwon District Court (201Gahap13353) regarding the instant real estate. On September 25, 2012, the said court rendered a lawsuit against the Plaintiff for the co-owned property partition on September 25, 2012 (hereinafter “instant real estate was sold to auction, and the remainder after subtracting the auction cost from the auction cost”).

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