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(영문) 창원지방법원거창지원 2019.02.19 2017가단10799
공유물분할
Text

1. Of the forest E- 12,397 square meters in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the number of points indicated in the annexed drawings is as follows: 1, 2, 3, 11, 10, 12 through 35 and 1.

Reasons

1. Indication of claim;

A. On February 15, 1978, F completed the registration of ownership transfer relating to 12,397 square meters of forest E in Gohap-gun, Chungcheongnam-do (hereinafter “instant forest”).

B. On February 5, 1994, G completed the registration of transfer of ownership based on sale on March 11, 1984 with respect to the portion 1352/12397 out of the forest of this case. On the same day, Defendant D also completed the registration of transfer of ownership based on sale as to the portion 330/12397 out of the forest of this case.

C. Defendant C completed the registration of ownership transfer on December 29, 1996 with respect to the portion of 1352/12397 out of the forest of this case on February 6, 1997.

Plaintiff

A and H purchased 5357.5/12397 shares of each of the instant forests from F on June 10, 1980 and completed the registration of ownership transfer on December 14, 2006, and the Plaintiff B donated 5357.5/12397 shares of the instant forest from H on September 27, 201, and completed the registration of ownership transfer on September 28, 201.

E. G agreed on March 11, 1984 to use only the portion indicated in the annexed drawings at the time of purchasing 1352/12397 shares of the forest of this case from F, and Defendant C, which purchased the same from G, has only been used in the above (c) portion.

F. On March 11, 1984, Defendant D agreed to use only the part(b) indicated in the separate sheet at the time of purchasing 330/12397 shares of the forest of this case from F.

G. After the Plaintiffs’ complaint seeking to resolve the sectional co-ownership relationship between the Plaintiffs and the Defendants and divide the instant forest as stated in the purport of the claim reached Defendant C on July 20, 2017, Defendant C submitted a written reply with the Plaintiffs’ resolution on June 19, 2018, and the complaint reached Defendant D on April 7, 2018. As such, Defendant C is obligated to implement the procedure for the registration of ownership transfer as stated in the purport of the claim on the ground of termination of title trust as of June 19, 2018, on the ground of the termination of title trust as of April 7, 2018.

2. Applicable legal provisions;

A. As to Defendant C: Article 208(3) of the Civil Procedure Act.

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