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(영문) 서울동부지방법원 2016.12.23 2016가단8344
공유물분할
Text

1. The attached court’s appraisal of the land of 220,637 square meters in Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, shall also be conducted in attached Form 5, 6, 7, 8-15, 16, 17, 18, 19, 20, 21, 22-38-53, 54, 55.

Reasons

Comprehensively taking account of the entries in Gap 1-1, 1-2, 2-1-2, 2-3, 3-1, 3-2, and 4 and the overall purport of appraiser D's survey results and pleadings, the defendant purchased 1/3 shares out of 220,637§³ (hereinafter "the instant land") on December 22, 198, and completed the registration of ownership transfer on December 23, 198. The plaintiff purchased 2/3 shares out of the above state forest C-Jincheon-gun, Chungcheongnam-do on May 20, 200 (hereinafter "the instant land"). The plaintiff purchased 2/3 shares out of the above state forest and reserved forest and sold 220,637§³ to the defendant on June 14, 200; the current state of the instant land is the same as the attached court appraisal; the land in question is 1/60 square meters out of the instant state forest and reserved forest and 200 square meters at the bottom of 20.

According to the above facts, in light of the current status of the land in this case and the intentions of the plaintiff and the defendant, it is reasonable to divide the part corresponding to the reserved forest into the plaintiff's sole ownership and the remaining part into the defendant's sole ownership. Thus, it is reasonable to connect the attached appraisal among the land in this case, which corresponds to the approximate reserved forest, to the part (a) 147,091 square meters in sequence connected each of the items of 147,091 square meters in the attached Table 1,2,3,4,5,5,100,56,576,798-6,8-78, 98-7, 98-7, 97, 72, 5, 16, 16, 17, 17, 17, 54, 55, 100 square meters in order, 147,000 square meters in the attached Form, 50,000 square meters in the attached Form.

If so, the plaintiff's claim is justified.

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