공유물분할
1. The part concerning the conjunctive claim in the main lawsuit of this case shall be dismissed.
2. Attached Form 66,432 square meters of C forest land in Yangyang-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff’s forest land C (hereinafter “forest land before subdivision”) was owned by the Plaintiff’s father, but the Defendant’s father He completed the registration of ownership transfer on the share of 40,000/105,70 out of the forest land before subdivision on August 20, 1980. The Plaintiff completed the registration of ownership transfer on May 21, 1981 as to the remainder of the forest land before subdivision, which is 65,700/105,700 shares.
B. The deceased on May 4, 1990 and D, the spouse of the deceased F, completed the registration of ownership transfer on June 18, 2003 as to the net F 40,000/105,70 shares due to inheritance.
C. On January 22, 2008, the forest land before subdivision was divided into the instant forest land, etc., and D completed the registration of this case on November 7, 2012 with respect to the Defendant’s share of 40,000/105,70 of the forest land of this case on the ground of donation.
[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion as to the primary claim is that E owned a forest before partition and owned it, and that part of the attached Form No. 15,280 square meters (hereinafter “the part of the instant case’s (B)”).
[2] The Plaintiff purchased the part of this case’s (B) from G to G. However, based on the false guarantee that LF purchased 40,000 square meters in excess of the share ratio according to the area of the part of this case’s (B), the Plaintiff, who became aware of this fact, demanded the LF to correct the registration. Around July 1981, LF responded to the request for correction of the registration to LF, but died without any delay of the actual report. The Plaintiff, on April 15, 2013, was in possession of the part of this case’s (A) among the forest of this case, according to the boundary that had been made before before the Defendant and D and the Defendant, and the size is excessive or excessive according to the share ratio.