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(영문) 춘천지방법원강릉지원 2020.12.16 2017가단35058
공유물분할
Text

1. The Defendants shall attach to the Intervenor A, C, and Plaintiff B a boundary of 143,270 square meters of forest E in Sam-do.

Reasons

According to the respective entries and arguments in Gap evidence Nos. 1 through 17 (including the number of branch numbers) and the whole purport of the arguments, the facts (including the heir of the title holder in the registration) and the defendants are co-owners of E forest land Nos. 143,270 square meters (hereinafter referred to as "the real estate of this case"), and the plaintiff et al. want to make a partition of the real estate of this case as to the real estate of this case, but the fact that the land boundary needs to be corrected first for the purpose of the survey due to the lack of cadastral relations, and the fact that the division and some co-owners of the department in charge of third-party land survey the real estate of this case through the three branch offices of the Korea National Land Information Corporation, and the result of the correction of the registered matters in the attached sheet can be recognized.

Therefore, the plaintiff et al. needs to apply to the competent cadastral authority for the correction of the registered matters of the real estate of this case for the exercise of property rights, and it is so decided as per Disposition since the consent of co-owners

Meanwhile, in the case of Plaintiff B, the entire shares of the Plaintiff were transferred to the succeeding intervenor D and the Defendants expressed their intent to withdraw from the lawsuit, but the withdrawal of the lawsuit is not recognized without the Defendants’ consent (not explicitly agreed but the consent is not recognized as the withdrawal of the lawsuit). Therefore, the judgment is based on the following: (a) the Plaintiff B, who already lost his status as a co-owner of the instant real estate, has no right to seek a consent to the cadastral correction of the instant real estate for the exercise of its property rights, and thus

Therefore, the claims of the Intervenor A, C, and Plaintiff B, except Plaintiff B, are justified, and they are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

However, in light of the progress of the instant lawsuit, the litigation costs are fully borne by each party.

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