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(영문) 인천지방법원 부천지원 2017.01.19 2015가단15599
공유물분할
Text

1. The plaintiff's main claim is dismissed.

2. Of the lands listed in the attached list, the attached sheet No. 10, 11, 12, 7, 8.

Reasons

1. Basic facts

A. F and G co-ownership 1) F are the land listed in the annexed sheet (hereinafter “instant land”) around July 1971, 197.

On March 31, 1973, H sold 51/185 shares of the above land to H on April 9, 1973, and the registration of ownership transfer was completed on April 20, 1973. H sold its shares of the pertinent land to G on May 20, 1976 and completed the registration of ownership transfer on the same day. 2) After F and G shared the instant land on July 8, 1991 (hereinafter “the instant land”), F completed the registration of ownership transfer on the grounds of division on May 17, 1991, G completed the registration of ownership transfer on the land jointly owned on May 17, 1991.

B. F’s share change process 1) F’s share in F’s above A. (443.4/576) was transferred to I (130.2/2880) and E (880) on October 14, 1997 due to inheritance on April 28, 1997. After the death of F, I transferred F’s share (130.2/2880) to E on January 23, 2015. Ultimately, E acquired F’s share in F’s share in the instant land. Accordingly, E sold its share in the instant land to the Plaintiff, Defendant C and D on February 11, 2015, and the Plaintiff completed the registration of ownership transfer on March 25, 2015, and the Plaintiff completed the registration of shares transfer.

C. G’s co-ownership change process G is about May 29, 2006.

The shares in the port (132.6/576) were donated to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the registration of ownership transfer was completed on May 30, 2006.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10 to 12, the purport of the whole pleadings

2. Determination as to the cause of action

A. On April 9, 1973, the summary of the Plaintiff’s claim F is as to the part of the instant land.

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