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(영문) 부산지방법원서부지원 2020.08.20 2019가단7233

공유물분할

Text

1. The defendant,

A. On May 22, 2019, with respect to the Plaintiff’s share of 331/992, out of 661 square meters of C forest land at the time of public housing.

Reasons

1. Basic facts

A. The Plaintiff owned C forest land 992 square meters (hereinafter referred to as “instant land”) in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do prior to subdivision. On July 25, 2017, the Plaintiff sold 331/92 of the instant land to the Defendant on July 25, 2017, and filed a share ownership transfer registration on August 2, 2017.

B. On April 2019, the Plaintiff and the Defendant: (a) divided the instant land into the parts of the association located within the jurisdiction of the Republic of Korea; (b) the part owned by the Defendant; and (c) written a written consent of co-ownership (Evidence A5) to divide the land owned by the Plaintiff; and (d) filed an application for permission for development activities, such as the division of the instant land, in accordance with the National Land Planning and Utilization Act,

On April 30, 2019, the official housing market approved the development activities called the division of the instant land.

C. On May 22, 2019, the land of this case was divided into the parts of the association to be established by the association (hereinafter “the land of this case”) and the war (hereinafter “the land of this case”) (hereinafter “the land of this case”).

[Ground of recognition] The facts that there is no dispute, Gap evidence 1 through Gap evidence 7 [the defendant], Gap evidence 3 (Application for Permission for Development Acts), Gap evidence 5 (Written Consent), and Gap evidence 6 (The current survey result also issued E with a seal imprint certificate and a seal impression for the sale of the defendant's share ownership, and Eul did not deliver it for the land partition consultation, Eul arbitrarily affixed the defendant's seal on the land division.

If the purport of the entire pleadings is added to the statements in Evidence Nos. 8 and 9, the plaintiff and the defendant agreed to divide and own the land of this case at the time of selling and selling shares of the land of this case, and accordingly, the plaintiff requested the defendant to hold a consultation on partition of the land of this case on or around April 2019, and the defendant divided the land to E who introduced the land transaction of this case without the direct participation in the partition consultation.