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(영문) 춘천지방법원 강릉지원 2018.10.10 2015가단3668

공유물분할

Text

1. The defendant shall display an appraisal map in attached Form 19, 18, 17, 16, 15, 14, 13, 12, 24, 23, 22, and 19, respectively, among the 15240 square meters of forest land E in three-scale.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant shared the Plaintiff’s 4/12 shares, Plaintiff B, and F, each of 1/12 shares, and 6/12 shares, respectively, in Samcheon-si, E Forest Land, E, 15240 square meters (hereinafter “instant land”).

B. The original net G and the Defendant had registered the preservation of ownership with respect to E Forest No. 8 7 m2 (18,546 m2 in the process of computerizing registration, however, in the process of computerizing registration, 1/2 m2) of E Forest No. 8 m207, which is the land prior to partition. However, the fact that the registration of preservation of ownership was conducted with respect to the land ownership was divided into two parts, namely, “H land”; the location was 25,26,27, 27, 28, 29, 29, 30, 30, 31, 32, 33, and 25 m25 m2, which are located in the part of the instant land; and the north part was divided by the Defendant, respectively.

C. On April 29, 2010, the said land before subdivision was divided into 3,306 square meters of I forest land located on the north and the instant land (hereinafter “I land”). The Plaintiffs, as the heir of the network G, filed a registration for the transfer of ownership with respect to each of the said shares on August 5, 2010 on grounds of inheritance by agreement and division as of April 17, 1972 with respect to the portion of net G among the instant land and I land.

C. Of the I land, the ownership of the Defendant was transferred to the Republic of Korea on April 28, 2010 with respect to the Plaintiffs’ share, and on August 24, 2010 with respect to the Plaintiffs’ share by consultation on public land.

At this time, with the consent of the plaintiffs, the defendant received the full amount of the compensation including the part concerning the plaintiffs' shares.

On February 22, 2009, the Defendant was prepared by the Plaintiff on February 2, 2009, a written confirmation that “The instant land was divided into 1/2 between two co-ownership without shares and not known, but, on the basis of the boundary of dry field village within the instant land, the partition survey was conducted and the registration for correction of ownership and the registration for division is made at the time of application for registration.”

E. H land was originally owned in the course of the instant survey appraisal.