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(영문) 서울서부지방법원 2017.06.15 2016가단231825
공유물분할
Text

1. The real estate listed in the attached Table 1 list shall be put to an auction and the remainder of the proceeds from the sale less the auction cost;

Reasons

1. The registration of ownership transfer was completed in the name of net Q (hereinafter “the Deceased”) in 1966 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”). However, the Deceased died in the year 1975 and transferred the instant real estate to the Plaintiffs and the Defendants as indicated in the final inheritance share in the separate sheet No. 3, due to the same reasons as the reasons for the claim, the instant real estate is owned by the Plaintiffs and the Defendants.

2. As to this, Defendant J, K, L, before the deceased died in 1975, donated the instant real estate to Nonparty R (Defendant J, K, and L), who was a woman of the deceased, before the deceased died in 1975, and Defendant J, K, and L inherited the instant real estate due to the death in 2009, Defendant J, K, and L, who were their children, the instant real estate is not the joint inherited property of the Plaintiffs and the Defendants, but the said assertion is without merit, since there is no evidence to acknowledge the assertion of the said gift.

In addition, even if R was assumed to have received a gift as alleged by the above Defendants, there is no legal effect of change of ownership unless the registration of transfer following donation has been made). 3. Thus, as co-owned property partition of the instant real estate owned by the Plaintiffs and the Defendants, it is reasonable to set the remainder after deducting auction expenses from the proceeds from the sale of the instant real estate at auction and distribute the remaining amount to the Plaintiffs and the Defendants at each ratio of the final inheritance shares as stated in the attached Table 3. Thus, the plaintiffs' claim is justified.

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