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(영문) 춘천지방법원강릉지원 2019.07.16 2018나32606

공유물분할

Text

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

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) shall be attached Form 1.2,240 square meters of E forest land at three times.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs and the Defendant shared the Plaintiff’s 4/12 shares, Plaintiff B, and F, respectively, 1/12 shares, and 6/12 shares, respectively, of E forest land E 15,240 square meters (hereinafter “instant land”).

B. The net G and the defendant 1970

9. 30. The registration of preservation of ownership was completed with respect to the E Forest No. 8, 700 m2 (18,546 m2 in the process of computerization of registration) in Sam-do, which is the land prior to subdivision. However, the fact was that the registration of preservation of ownership was completed with respect to the E Forest No. 8, 70 m2 (1/2 shares in the process of computerization of registration), but the land in this case was owned by the Defendant, respectively. The location was the part adjacent to the H-owned land (hereinafter “H land”). The attached Table 1’s appraisal was also connected with each point of 25,26,27, 28, 29, 29, 30, 30, 31, 32, 33, and 25 m25, and the north part was divided by

C. On April 29, 2010, the said land before subdivision was divided into 3,306 square meters of I forest land located on the north of the instant land and the north thereof (hereinafter “I land”). The Plaintiffs were children of the deceased G’s heir, and the Plaintiffs were children of the deceased G, on April 17, 1972 as to the portion of the deceased G among the instant land and I land due to inheritance due to an agreement and division made on August 5, 2010.

1.(a)

(d) complete the registration of ownership transfer for each share entered in this subsection.

On April 28, 2010 with respect to the shares of the defendant among the I land, and on August 24, 2010 with respect to the shares of the plaintiffs, the ownership of the Republic of Korea has been transferred by consultation on public land.

At this time, the defendant received the full amount of the compensation including the part concerning the plaintiffs' shares with consent.

E. On February 22, 2009, the Defendant issued a written confirmation from the Plaintiff A that “The instant land was divided into two co-ownerships without shares, but, at the time of application for registration, divided land was conducted on the basis of the boundary of dry field village in the instant land, and registered as the same as at the time of application for registration.”

F. The instant case.