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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleading in the statements in Gap evidence Nos. 1 to 7 and Eul evidence Nos. 1 to 5 (including paper numbers):
A multi-family house with 22m2 and 3m2 above ground (hereinafter “instant land and building”) was originally owned by E. However, on May 31, 2006, after the death of E, K, L, M, and N were jointly inherited by the wife of F, Defendant, G, H, I, and E, who died earlier than E (hereinafter “Defendant and other co-inheritors”), and jointly inherited by K, L, M, and N (hereinafter “Defendant and other co-inheritors”), 27/117 (F), 18/17 (F), 6/117 (K), 4/117 (L, M, andO).
B. On May 14, 2014, the Plaintiff purchased the said shares at the above auction procedure and completed a share transfer registration on May 21, 2014.
C. After that, on July 30, 2015, the death of F on July 30, 2015, 27/117 of F’s shares in the instant land and buildings were re-inherited to co-inheritors, including the Defendant.
As to the instant land and building, the auction procedure for partition of co-owned property (hereinafter “instant auction procedure”) was conducted again with this court C, and Q purchased the said land and building from the said auction procedure on February 28, 2017 and completed the registration of ownership transfer on March 9, 2017.
E. On April 11, 2017, the instant auction procedure: R, S, T, U, and V, the lessee of the instant building, gave priority to paying KRW 55 million each deposit, KRW 75 million, KRW 50 million, KRW 35 million, KRW 25 million, and the remainder was distributed to the Plaintiff and the co-inheritors, including the Defendant, according to their respective shares of shares; and the Plaintiff (the amount of dividends KRW 93,182, KRW 196) raised an objection against KRW 121,136,8555 of the Defendant’s dividend on the date of distribution.
2. The parties' assertion and judgment
A. The plaintiff's claim is in the auction procedure of this case.