Plaintiff: 2,131 square meters of H forest in Kimpo-si

A. As to Defendant C’s share 627/6,390:

B. Defendant E is 6.6.

1. Basic facts

A. On April 10, 2017, the Plaintiff and Defendant G filed a lawsuit seeking partition of co-owned property against Defendant B, C, D, and E in relation to 2,128 square meters of I forest land in Kimpo-si (hereinafter “I land before partition”) and J forest land 4,262 square meters (hereinafter “J land before partition”), and the first instance court rendered a judgment on December 6, 2017, which rendered a partition of co-owned property by auction division.

(Macheon District Court Branch 2017Gadan5084). (b)

Defendant C appealed against the above judgment, and during the course of the appellate trial, Defendant F succeeded to Defendant E, and the appellate court rendered a judgment ordering the partition of co-owned property as follows on March 21, 2019 (hereinafter “the judgment on partition of co-owned property in this case”).

(Macheon District Court 2018Na50621) The above judgment became final and conclusive on May 2, 2019.

The same outcome of the survey on the cadastral status of the attached Table 1 among the land before subdivision shall be divided into the Plaintiff and the same outcome among the land before subdivision (2) part 1,064 square meters and the land before subdivision (2) part 1,801 square meters, and the same result shall be divided into the Plaintiff and the same result among the land before subdivision (c) part 1,064 square meters and the same result among the land before subdivision (a) part 1,064 square meters and the same result among the land before subdivision (i) part 1,801 square meters shall be the same as that of the land before subdivision.

C. Despite the judgment on partition of co-owned property in this case, the Plaintiff and the Defendants, unlike the above judgment, have divided the land into 1,471 m2, H forest and 2,131 m2, K forest and 660 m2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 8 through 12, and purport of the whole pleadings

2. According to the above facts of determination, the Defendants, as in the instant judgment on partition of co-owned property, could have divided the J land before partition into 1,801 square meters of J-J forests, H forest land 1,801 square meters of H forest and 660 square meters of K forest, as in the contents of the instant judgment on partition of co-owned property, and the size of H land should be added to the Plaintiff according to the Plaintiff’s share ratio (1/2) prior to partition of land.