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(영문) 광주지방법원목포지원 2017.08.16 2016가단54160
건물등철거
Text

1. The Plaintiff (Counterclaim Defendant) shall make to the Defendant (Counterclaim Plaintiff) each share of 5760.5/11851 square meters of 391 square meters in Daranam-gun, Daranam-do.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Nonparty D is a person who owned a forest land of 23702 square meters G (hereinafter “land before division”) in Dondong-gun, Donnam-do prior to division (hereinafter “F”), and the Defendant and the Plaintiffs are co-owners of the instant land divided from the said land (Defendant: 660/23702 shares, Plaintiffs: 5760/11851 shares, respectively).

B. The Defendant’s share acquisition, etc. 1) The lower unit agricultural cooperative (definite agricultural cooperative on June 2, 1989)’s name is changed as “Hadin agricultural cooperative” and hereinafter “Hadin agricultural cooperative”).

(2) On October 20, 1978, for the purpose of installing a grain warehouse, the Defendant specified the portion of the instant land among the land before subdivision and purchased from D, and newly constructed the instant building (construction on October 23, 1978) on that ground. On October 23, 1978, the Defendant completed the registration of ownership transfer as to the shares of 660/23702 out of the land before subdivision. (2) On March 3, 2015, the Defendant merged the Nonghyup on March 3, 2015, and completed the registration of ownership transfer as to the shares of each divided land from each divided land before subdivision on December 9, 2015.

C. 1) D on July 27, 1988, the non-party H (hereinafter “the deceased”).

(2) On July 29, 1988, the deceased sold 23042/23702 shares of the land before subdivision to the Plaintiff, and on July 22, 2012, the Plaintiff jointly inherited 5760.5/11851 shares of each of the instant land among co-inheritorss according to the agreement on the division of inherited property. The Plaintiffs jointly inherited 5760.5/11851 shares of each of the instant land pursuant to the agreement on the division of inherited property.

The deceased of the division, disposal, etc. of the land before subdivision (hereinafter the name of the administrative district omitted) divided the land before subdivision and registered conversion as listed below.

On July 29, 198, 200, on April 19, 200, the registration conversion on April 19, 200, and on December 14, 2000, the forests and fields consisting of G forest land of 23020 square meters in G forest land for registration conversion on December 14, 200, and 16401 square meters.

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