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(영문) 대구지방법원 2015.11.26 2014나17044

공유물분할

Text

1.The judgment of the first instance shall be modified as follows:

2.(a)

The attached appraisal map (1), 1, 2.2. of the attached Form 1, 58,724m2 of the Gu-U.S. forest.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff owned 138,050 square meters of D forest land in the Gu-si, Gu-si (hereinafter “the land before subdivision”). Of the land before subdivision, the registration of ownership transfer was completed on December 23, 1970 under the name of J on January 26, 1972 with respect to one-third shares of the land before subdivision, and one-third shares under the name of K on December 23, 1970, respectively.

B. On February 25, 1987, on the part of the land before subdivision, the registration of ownership transfer was completed as a result of the inheritance by agreement division on December 2, 1986 under the Plaintiff’s name on February 2, 1986, and on the part of 1/3 shares owned by K on December 18, 1987, the registration of ownership transfer was completed as a result of inheritance by agreement division on August 5, 197 under the Defendant’s name on December 18, 1987.

C. On January 31, 2012, the land before subdivision was divided into 58,724 square meters of D forest land, 2,274 square meters of F forest land, 1,857 square meters of G forest land, 68,120 square meters of E forest land, 3,235 square meters of H forest land, 3,840 square meters of I forest land, etc.

(hereinafter the above D Forest land is 58,724 square meters as “the instant land”; and E forest land is 68,120 square meters as “the instant land” (hereinafter “instant land”). D.

The plaintiffs and the defendant received a request from the Korea Electric Power Corporation for consultation on compensation for part of the land before the division into the land before the division from the Korea Electric Power Corporation around September 193, 193, as follows with respect to the land before the division around May 1994: < Amended by Presidential Decree No. 13685, May 2, 1994>

2) The Plaintiff prepared the Plaintiff’s report

The agreement shall be signed and sealed on the share of 138,050 square meters (see a separate drawing) of D Forest land in the Gu, Si, Si, Gu, Si, Si, Do, and the boundary shall be 1/3, respectively, and the same side shall be owned by the plaintiff A with the center of valley, and the west side shall be owned by the defendant, and the remainder shall be owned by the plaintiff B, respectively.

Compensation related to the construction of the Korean steel tower shall be received by the plaintiff A and the defendant (the construction of the steel tower and the land owned by the plaintiff B shall be irrelevant).

On June 24, 1994, the registration of the creation of superficies in the name of the Korea Electric Power Corporation was completed for the purpose of constructing and owning steel towers and power transmission lines.