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1. Korea’s deposit with 35,795,300 won in 2015 no. 235 of this Court on June 9, 2015 and interest thereon.
Reasons
1. Facts of recognition;
A. On August 24, 1961, D, E, and F completed registration of initial ownership relating to 1/3 shares of G forest land G 901 square meters (hereinafter “forest land before the instant partition”) in Yansan-si (hereinafter “the instant forest”).
After that, the share relationship was changed due to the inheritance and sale of the property following D and E's death, and on August 14, 1971, H was owned by 2880/1285 shares, I shares 3600/1285 shares, and F shares 5805/1285 shares.
B. F and I filed a lawsuit claiming the partition of co-owned property against H as this Court 96Gahap1692, and on January 16, 1998, the court rendered a judgment ordering the partition of the above forest land (hereinafter “instant partition of co-owned property”). The above judgment became final and conclusive around that time.
C. The Defendant filed a lawsuit against H, I, and F seeking the registration of ownership transfer on the ground of termination of title trust with respect to the respective shares in H, I, and F out of the forest above, as the court 99Gahap366.
Since then, the defendant filed an application for provisional injunction against the above forest land with the right to claim the transfer registration of ownership against H, I, and F as the preserved bond. On September 20, 1999, the court received a provisional injunction order from this court. On September 20, 1999, the court received a provisional injunction order as of September 20, 199, and the provisional injunction registration (hereinafter "the provisional injunction registration of this case").
On the other hand, with respect to the above case No. 99Gahap366, this court accepted the defendant's claim against H on July 7, 200, but rendered a judgment dismissing the claim against I and F, and the above judgment became final and conclusive on August 22, 2001.
Since then, the registration of cancellation of H’s shares in the above forest was made for the pre-announcement of cancellation (hereinafter “pre-announcement of cancellation”). D.
F On June 6, 2004, based on the judgment of partition of co-owned property in this case, F applied for a compulsory auction for the payment of the above forest land in installments, and the plaintiffs applied for a compulsory auction on July 6, 2007 1/2 of the above forest land in the above compulsory auction procedure.