beta
(영문) 의정부지방법원고양지원 2016.07.13 2014가합7858

공유물분할

Text

1. The Defendant indicated 1, 2, 3, 4, 5, 6, 7, 8, 52, 51 of the attached Form among the 21,546§³ C forest land in Gyeyang-gu, Yangyang-gu, Yangyang-gu, the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 20, 2003, the Plaintiff purchased 22,314 square meters of G forest land in Gyeyang-gu, Soyang-gu (hereinafter “Fdong”) from D and E on March 20, 2003 and completed the registration of ownership transfer on May 28, 2003.

B. On December 3, 2003, H forest land was divided into 263 square meters, and the area was changed into 22,051 square meters. On April 10, 2007, C forest land was converted into 21,546 square meters (hereinafter “instant land”).

C. The Plaintiff agreed that the owner (i) of I through J, K, L, and M (hereinafter “Adjoining land”) who is the neighboring land of the instant land (i.e., I through J, M among the above land, and M in the name of N) shall jointly use the adjacent land of the instant land and the road of the instant land, and the ownership transfer registration was made on December 3, 2003 with respect to the share of approximately 164/2,051 of the instant land (hereinafter “the share of the instant land”) on the ground that the ownership transfer registration was made on the ground that the ownership transfer registration was made on December 3, 2003 with respect to the share of approximately 164/2,051 of the instant land used as the current status of the instant land and the instant land.

The Defendant’s father purchased neighboring land and the shares of this case from O and N on July 28, 2005, and donated neighboring land to the Defendant and Q, an ASEAN on November 23, 2006 (However, on the land I, the Defendant donated the land to the Defendant on May 19, 2010), and on September 23, 2014, the registration of ownership transfer was completed for the share of this case to the Defendant on August 3, 2014.

[Based on recognition] Gap evidence Nos. 1, 5, 6, Gap evidence Nos. 8 and 9, each of the items and images, the result of the survey and appraisal by appraiser R, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant are in the co-ownership relationship between the Plaintiff and the Defendant, excluding the road portion among the instant land, and the road portion is jointly used and profit-making.