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(영문) 대전고등법원(청주) 2015.10.20 2014나21411

수목수거 등

Text

1. The judgment of the first instance, including the plaintiffs' claims added or expanded in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. (1) The Defendant, I, and J around 1978, the ownership relationship, etc. of the instant land (hereinafter “instant land”) is 15,937 square meters of H orchard in Chungcheongnam-si around 1978 (hereinafter “instant land”).

) Saccine trees planted on the ground and on the ground thereof (hereinafter referred to as “instant fruit trees”).

2) On September 1, 1978, the registration of ownership transfer was completed under the Defendant’s name on the instant land, and on September 18, 1996, the registration of ownership transfer was completed in the first and the J future on the ground of termination of title trust with respect to each one-third share of the instant land.

3) The first/3 shares of the instant land were transferred to K on February 5, 2001 (the voluntary auction award on December 29, 2000). On April 27, 2002, Plaintiff A, and B (the purchase and sale on April 19, 2002), and September 29, 2010, respectively, 1/9 shares of the instant land were transferred to Plaintiff C (the inheritance by consultation on September 11, 2008), while the first/3 shares of the instant land were transferred to L on June 22, 2009 (the inheritance by consultation on June 4, 2009). On September 20, 2012, Plaintiff D, F, and E (the sale and purchase on September 16, 2012), respectively.

(5) The judgment of the court below was affirmed that "the remaining amount after deducting auction expenses from the price of the land of this case is put to auction to the defendant 6/18, 2/18, 1/18, 3/18, and 3/18 shares of this case between the plaintiffs and the defendant (Cheongju District Court 2013Da327, Cheongju District Court 2013Na3744)" was "2/18, 2/18, 2/18, 3/18, 2/18, 3/18, and 3/18 shares of this case to the plaintiff Eul, and 3/18 shares of this case were distributed to the defendant at the request of the plaintiffs. The auction procedure for the partition of co-owned property of this case was commenced by the plaintiffs and the defendant, at the request of the plaintiffs, the plaintiffs were successful in the auction procedure for the partition of co-owned property of this case (the shares of the plaintiffs C, A.4/18, 218D 18/18.

Afterward, July 23, 2015 each of the instant land.