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(영문) 대전지방법원 2019.10.10 2018나117218

공유물분할

Text

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

Of the 11,405 square meters of K forest in ASEAN-si, it shall be marked as 1, 2, 15, 16, 17.

Reasons

1. Facts of recognition;

A. The instant land was owned by L(3,640/4,140 of shares) and M(50/4,140 of shares) around 1973. On December 29, 1973, N(Defendant B’s mother) completed the registration of transfer of shares on the ground of sale and purchase of the entire shares of M. On May 14, 1994, Defendant B completed the registration of transfer of shares on the ground of sale and purchase of the entire shares of N. On October 14, 2015, Defendant C, D, E, F (O’s heir who died earlier than L), P (O’s heir who died earlier), Defendant G, H, I, and J completed the registration of transfer of shares on the ground of each inheritance ratio, and the Plaintiff completed the registration of transfer of shares on the ground of the entire shares of P on February 15, 2016.

Accordingly, as of the date of the closing of argument in the trial, the Plaintiff and the Defendants shared the land in accordance with each share ratio indicated in the joint owner share ratio table in attached Form 3.

B. Of the instant land, the Defendant B’s grandparents, parents, and the senior mother’s graves are installed at the edge of a part of 1,220 square meters in the “bb” portion (hereinafter “bb”) connected in sequence of each point of Annex 1, 2, 15, 16, 17, and 1, among the instant land.

(The grave seems to have been installed across the edge of the part of the land in this case and the adjoining land).

Of the instant land, the transmission line of the Korea Electric Power Corporation runs as one of the electric transmission lines of the Korea Electric Power Corporation, which connects each point of the attached Table 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 2, in sequence, among the land in the instant case, the portion of “1” is not less than 10,185 square meters (hereinafter “(a)”).

In relation to this, the Daejeon District Court’s Masan Branch of the Daejeon District Court’s Masan Branch Office on November 26, 2015, under which “construction and ownership of electric structures (electric transmission lines, etc.) for the purposes of the Korea Electric Power Corporation in the future”, the scope of “air space between 1,158 square meters and 31.2m, and 74m, over the ground surface of the land,” and the duration of the electric structure (electric transmission lines, etc.) continue to exist.”