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(영문) 서울북부지방법원 2019.07.02 2018나36289

공유물분할

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Each of the following facts can be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, 3-1, 2, 5, 2-1, 2-2, 4-1, 4-2, and 4-1, and 2, and the whole purport of the arguments by the court of first instance.

On March 20, 2013, F forest land 35 square meters was divided into Q. D forest land. D forest land 262 square meters (hereinafter collectively referred to as “each of the instant forest land”) was divided into L land on August 22, 2013. At the time of the said division, G and H owned 1/2 shares of each of the instant forest land.

B. 1) On August 30, 2013, the Plaintiffs and the Defendant’s acquisition of ownership: (a) the Plaintiff and the Defendant completed the registration of transfer of ownership on July 17, 2013 with respect to each of the instant forest shares of G and 56/297 shares, each of the 1/2 shares owned by H, for sale and purchase on July 17, 2013. (b) The Plaintiffs completed the registration of transfer of ownership on September 4, 2015, for each of the instant forest shares of G, and for each of the instant forest shares of H owned 92.5/597 (92.5/297 x 1/2) shares on September 3, 2015.

3) On October 16, 2015, the Defendant completed the registration of ownership transfer on October 13, 2015 with respect to the portion of 112/297 shares owned by the I for each of the instant forests and fields on October 16, 2015, and thus, the Plaintiffs owned each of the instant forests and fields by the Plaintiffs, and the Defendant owned 12/297 shares for each of the instant forests and fields.

On each ground, the construction of the three-story detached Housing and the second class neighborhood living facilities, and the registration of ownership preservation was completed on August 22, 2014. On October 13, 2015, each of the instant woodland and its ground buildings were donated to the Defendant along with the shares in each of the instant woodland.

The Plaintiffs, along with the shares of each of the instant forests and fields from G and H on September 3, 2015, G as to the 562 square meters of P forest adjacent to each of the instant forests, as well as the shares of each of the instant forest from G and H, as in the video of the cadastral outline in the attached Form.