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(영문) 제주지방법원 2018.06.27 2017나1608
공유물분할
Text

1. The part of the conjunctive claim against the defendant in the judgment of the court of first instance concerning the claim for share transfer registration is as follows.

Reasons

1. In the first instance court’s primary claim, the Plaintiff filed a claim for partition of co-owned property against the Defendant and co-defendants of the first instance court, and the conjunctive claim for damages against the Defendant, respectively, “The claim for share transfer based on the cancellation of title trust against the Defendant and co-defendants of the first instance court, and the claim for damages against the Defendant.” The first instance court rendered a judgment dismissing the part of the claim for share transfer registration against the Defendant and co-defendants of the first instance court, among the plaintiff’s conjunctive claims, and dismissed the part of the main claim and the conjunctive claim against the Defendant.

As to this part of the judgment of the court of first instance against the plaintiffs, the defendant filed an appeal against the defendant among the judgment of the court of first instance, but the above order became final and conclusive upon receiving an order to dismiss the petition of appeal from the presiding judge of the court of first instance as the plaintiffs did not correct the stamp and service fees.

Therefore, the scope of the judgment of the court of first instance is limited to the claim for share transfer registration among the ancillary claims against the defendant of the court of first instance.

2. Basic facts

A. On September 14, 2002, the Defendant solely owned J-J Forest No. 2,413 square meters (the area was 2,440 square meters as the registration conversion was made on January 3, 2008) in Jeju-si, Jeju-si, a land prior to the division of the instant land, and transferred to K on February 14, 2002 the 542.14/2413 equity, L and M, 271.07/2413 equity, 178/2413 equity, 177/2413 equity, 17/2413 equity, 147/2413 equity, 2963/2413 equity to N, 2963/2410 equity shares, 296/24130 equity shares, 36/5, 208.36D, 246/24130 equity shares, respectively, to the buyer of G.

B. At the time of transferring the shares of the above forest land, the defendant specified the location at the time of transferring the shares of the above forest and owned and managed the specific part by the purchaser. K is the part of the forest land indicated in the annexed drawing, L, and M.

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