공유물분할
1. The amount remaining after 41,652 square meters of F forest land in Jinju-si are put to an auction and the auction expenses are deducted from the price.
1. Facts of recognition;
A. The instant land was owned L. On April 27, 1987, M, D, and C completed the provisional registration of the right to claim transfer of ownership on April 20, 1987 with respect to each one-third share of the instant land among the instant land (hereinafter “the instant provisional registration”). The Plaintiff completed the provisional registration on April 14, 2003, after receiving a transfer of M shares out of the said provisional registration, and completed the additional registration.
B. On May 27, 2003, Defendant E completed the registration of ownership transfer based on inheritance by consultation and division on May 6, 1991, and filed a lawsuit seeking cancellation of provisional registration against the Plaintiff, M, Defendant D, and C on June 23, 2003.
In the above lawsuit, Defendant E withdrawn the lawsuit against the Plaintiff on November 2, 2004, and on November 9, 2004, the conciliation was concluded that “Defendant D and C shall cancel 1/3 shares of each of the provisional registration of this case, and Defendant E shall perform the procedure for the registration of ownership transfer with respect to shares of 6/51 and 15/61 shares to Defendant D,” and the compulsory conciliation was established with respect to the withdrawal of the lawsuit against M on December 21, 2004.
C. On April 6, 2005, among the provisional registration of this case on November 30, 2005, the provisional registration of this case, on the ground that the conciliation was completed on November 30, 2004, only the plaintiff shall be the provisional registration holder, and the provisional registration of Defendant D and C was completed for the cancellation of provisional registration of Defendant D and C.
On November 26, 2014, the Plaintiff filed a lawsuit against Defendant E seeking the implementation of the principal registration procedure based on provisional registration (hereinafter “related case”) and rendered a judgment in favor of the Plaintiff on April 2, 2015, which became final and conclusive on April 28, 2015.
Accordingly, the Plaintiff completed the registration of ownership transfer on June 25, 2015. At present, the instant land is owned by the Plaintiff and the Defendants in their respective shares of shares in the Plaintiff 1/3, Defendant B 6/51, Defendant C15/51, Defendant D6/51, and Defendant E7/51.
There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.
[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .