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1. The result of the appraisal entrusted to the branch office of the Korea Land Information Corporation in the court, which is not less than 3,074 square meters of land D in Gangwon-gun, Gangwon-gun; and
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant C shared 1/2 shares each of the instant D forest 3,074 square meters (hereinafter “instant land”).
B. The Plaintiff and Defendant B shared 1/2 shares of forest E, Gangwon-gun E, Gangwon-gun, and 27,074 square meters (hereinafter “instant land”).
C. There was no agreement on the division of each of the instant lands between the Plaintiff and the Defendants.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 5 through 8, and the purport of the whole pleadings
2. Determination:
A. According to the above recognition facts, the Plaintiff may claim the partition of the instant land against Defendant C, who is another co-owner, and the partition of the instant land against Defendant B, barring any special circumstance.
As to this, the Defendants asserted to the effect that each of the instant lands was originally owned by F clans, and that G and H received title trust with 1/2 shares, and that the Plaintiff, a successor to G name 1/2 shares, cannot seek a partition of each of the instant lands against the Defendants, a successor to the remaining shares of G, who is the successor to the 1/2 shares.
According to the evidence evidence Nos. 1 and 2, in the case of the instant land, the registration of preservation of ownership was made for each share of 1/2 shares in G and H on October 18, 1967. On January 6, 1989, with respect to the share of 1/2 shares in G, the registration of transfer of shares due to sale was made under the name of G, I, a fraud of G, and on July 7, 201, with respect to the share of 1/2 shares due to donation in the Plaintiff’s name, under the Plaintiff’s children’s name, on July 7, 2011. On January 31, 2006, with respect to the share of 1/2 shares in the above D land, the registration of transfer by agreement division was made under the name of the Defendant B on May 16, 2018, and the registration of transfer was made under the name of the Defendant C on July 23, 2018.