공유물분할
1. The Dosan-si JJ 406m2 and K 157m2 are linked in order to each point of the 6, 3, 4, 5, and 6m2 in the annexed sheet 6, 3, 4, 5 and 6.
1. Basic facts
A. On May 21, 1990 with respect to each of the instant lands, the Defendants and L, M, and N completed the registration of ownership transfer (the shares: L, Defendant B’s 6/41, M, N, Defendant C, E, F, G, H 4/41, and Defendant D1/41) on the ground of inheritance on November 15, 1987.
Since November 18, 2010, L was transferred 4/41 of N’s share on the land of this case due to inheritance on July 1, 1995, M was transferred 10/41 of L on January 21, 201 on the ground of gift on January 4, 2011, and on June 14, 2013, the Plaintiff was transferred 14/41 of M’s share on the ground of sale by compulsory auction on June 11, 2013.
B. On May 22, 2014, the Plaintiff filed a lawsuit against the Defendants claiming a partition of co-owned property as to each of the instant land, and was sentenced to the judgment on May 22, 201 to the effect that “the lower part of the instant land 1 is owned by the Plaintiff, and the upper part of the instant land 1 and the instant land 2 is divided into co-ownership by the Defendants.” The said judgment became final and conclusive around that time.
C. However, each of the instant lands was divided into farmland for which a project for improving agricultural production infrastructure was implemented under the Rearrangement of Agricultural and Fishing Villages Act, and the Plaintiff’s parcel is not more than 200m2 after the division
(See Article 22(2) of the Farmland Act. As the Plaintiff transferred 4/41 shares of I in the instant land to O on August 11, 2014 due to compulsory sale by official auction on the same day, the Plaintiff was transferred 4/41 of the said shares fromO on August 18, 2014 for sale on August 14, 2014.
As a result, among each land of this case, the area based on the Plaintiff’s share was 2323 square meters (=406 square meters x 18/41157 square meters x 14/41, and 14/41, and a small number of decimal places) possible to be divided.
Each of the instant lands is located in a large-scale farmland rearrangement area used for rice farming companies, and is uniformly partitioned, environmental conditions, such as its location, shape, etc., are equal, and the officially assessed land value is the same.
The boundary line between each land of this case is a contribution.