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(영문) 수원지방법원 2019.06.11 2017가단543535

공유물분할

Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. Appendix 1 4,408 square meters of F forest in Osan-si.

Reasons

1. Basic facts

A. At the time of the instant forest land on May 3, 1976, Defendant C (Withdrawal) was larger than the area since it was divided twice on April 15, 199 and January 31, 2007 at the time of the instant forest land, but it is difficult to specify the details of division on the record as it is difficult to identify the specific details of division.

While completing the registration of ownership transfer with respect to A, on January 22, 1999, he completed the registration of ownership transfer with respect to ① 1,652.9/5,951 shares among the forest of this case, he completed the registration of ownership transfer with respect to Nonparty G with respect to ② Nonparty H with respect to Nonparty H with respect to 991.74/5,951 shares, ③ Defendant D with respect to 661.16/5,951 shares on November 10, 1998.

B. Defendant C (Withdrawal) completed the registration of ownership transfer on May 5, 1999 with respect to Nonparty I’s share of 826.44/5,951 out of the instant forest owned by himself on June 3, 199, and Defendant B completed the registration of ownership transfer on December 31, 2002 with respect to the said share due to inheritance by agreement division on October 19, 202.

C. H completed the registration of ownership transfer on the ground of sale and purchase on August 20, 200 with respect to the portion of 991.74/5,951 among the forest of this case that he owned on March 17, 2006, H completed the registration of ownership transfer on the ground of the sale and purchase on August 20, 200. On February 1, 2007, J completed the registration of ownership transfer on the part of 1363.38/5,951 shares among the forest of this case to Defendant C (Withdrawal), ② 330.72/5,951 shares, ③ Defendant D with respect to the share of 132.29/5,951 shares, ④ Defendant B completed the registration of ownership transfer on the ground of a partition of co-owned property on January 15, 2007.

on November 28, 2011, K completed the registration of ownership transfer based on inheritance through consultation and division on October 20, 201 with respect to G 1,983.62 (the aforementioned 1,6529.72)/5,951 shares out of the instant forest land, and K completed the registration of ownership transfer based on the sale on August 14, 2017 with respect to the said shares to the Plaintiff on August 18, 2017.

E. On November 20, 2017, the Plaintiff, as of November 20, 201, is the Defendants, co-owner of the instant forest land, as of November 20, 201.