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(영문) 수원지방법원 2019.04.05 2016나68762

공유물분할

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1. The judgment of the court of first instance is modified as follows.

The area AH forests and fields AH 21,429 square meters;

(a) [Attachment 1] Appraisal.

Reasons

Basic Facts

On May 9, 1997, the AJ, after acquiring the shares of the parties, indicated on May 9, 1997 the provisional division (attached Form 3) among the 57,422 square meters (hereinafter referred to as “the forest before the division of this case”) in the In-si Suwon-si, AJ owned by AJ at the time.

(1) On June 3, 1997, AK sold a total of 23,372 square meters, and on June 3, 1997, AK completed the registration of ownership transfer based on the above sale with respect to the share of 57,422/372 calculated by the ratio of the area AK purchased out of the forest before subdivision.

AK-owned shares (23,372 shares 57,42) in the forest land before the division of this case were transferred to AL on February 25, 2004 to the 57,422/57,917.4 shares of 57,422/57,46.4 shares were transferred to Defendant N, and 11,008.2/57,422 shares were transferred to AM, and thereafter the said AL and AM shares were recorded in the “share of forest land before the division of this case,” as shown in the “Share of forest land before the division of this case,” the designated parties including the Plaintiff (the designated parties concurrently with the designated parties including the Plaintiff; hereinafter referred to as the “Plaintiff”) and the Defendants and the joint Defendant of the first instance trial, P, Q, S (OR, etc. hereinafter referred to as “transfer”).

Of the shares in the forest land before the division of this case, the shares in Defendant AG are transferred due to inheritance by agreement and division, and the shares in Defendant AE and AF are transferred due to September 2, 2004 by the shares in AL ownership 92.2/92 of the shares in AL ownership.

On the other hand, the registration of transfer of ownership in the name of the Plaintiff, the designated parties, and the Defendants with respect to the shares of the forest land in the instant case before the division is completed by AO (hereinafter “AO”) on behalf of the joint owners of the said forest land before the division, AL and AM, a co-owner of the said forest land, and a 1,488 square meters of the AP forest in the Suwon-si area adjacent thereto (attached Form 3) (hereinafter “AO”).

C. Part is land:

'A' (attached Form 4) shall also be divided by specifying the location and area of each purchaser, such as the indication and entry of 2.