공유물분할
1.each land listed in the separate sheet;
A. Each land listed in the separate sheet Nos. 1, 2, and 3 and the separate sheet Nos. 4.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The administrative district and area was changed to 16,760 square meters of C Forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Before subdivision”) prior to subdivision.
On December 31, 1981, the land before subdivision was divided into 1,872 square meters of D forest land (attached Table 1) and 3,113 square meters of E forest land (attached Table 2) on April 22, 1996.
B. After the said division, the said C Forest land was divided into 11,792 square meters on March 29, 2007, and the said area was corrected into 9,660 square meters.
On April 30, 2007, G forest 41 square meters (attached Form 3) was divided from the above F forest 9,660 square meters.
C. On May 26, 1971, registration of ownership transfer was completed in the name of the deceased H on May 26, 1971 (the deceased on May 27, 1971, hereinafter “the deceased”). On the same day, the Plaintiff completed the registration of ownership transfer on May 16, 1971 for shares 4,640/5,070 out of the above land.
On the other hand, the deceased died on May 27, 1971. At the time of the deceased’s death, the deceased was the deceased’s heir, i.e., the deceased’s spouse, J, Women’s K, son L, son’s M (N before the name of the deceased), 3 South Defendant, and 3 women’sO.
E. At present, the land listed in the [Attachment 1] Nos. 1 and 2 is being used previously, and the land listed in the [Attachment 4] Nos. 4 exist two seedlings on the defendant’s protocol.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4, Eul evidence 1 to 5, Gap evidence 5, the video of Gap evidence 5, the witness's testimony and the purport of whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion 1 concluded a sales contract on the land before subdivision with the Deceased, and left the sales price to the judicial secretary Qua office, and subsequently received a sales certificate and a certified copy of the register on the land before subdivision from Qua.
Therefore, the registration in the name of the plaintiff as to the land before subdivision is legitimate, and even if there is an error in the registration procedure, it shall be listed in the attached list.