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1. The Defendants: (a) share of 1/3 of each of the Defendants shall be 45752/657 of forest E in Gangseo-gu, Gangwon-gu, Gangwon-do, and 19835 square meters, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On September 3, 1981, H completed the registration of ownership transfer on the forest land G 65752 square meters in Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City F (hereinafter “F”), and H sold 19835/652 of the co-ownership of September 3, 1981 to I. The Plaintiff completed the registration of ownership transfer on February 15, 1996 as to the above co-ownership of 19835/6752.
B. Among G forest land 65752 square meters, forest land of 19835 square meters was divided on June 28, 2005 and became E forest land of 19835 square meters.
C. On December 17, 2007, H died, and there were Defendants, the heir, K and their children, who were the wife. On February 15, 2008, K died and eventually succeeded to H’s property.
[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 1 (including Serial number), and the fact-finding results on YY Y, the purport of the whole pleadings
2. The parties' assertion
A. On June 2005, the Plaintiff and H agreed to divide G forest into co-owned shares and implemented the procedure of division, but only completed the division by mistake, but did not complete the registration of co-ownership transfer.
Therefore, the transfer registration is sought due to the agreement.
B. The Defendant’s split agreement does not exist and should receive compensation for mineral extraction.
3. Determination
A. The plaintiff's attached M is a joint mining right holder who completed the registration of transfer of ownership as to the mining right registration number N (O of Youngwon-gun, Chungcheongnamcheon-gun L, Chungcheongnam-gun L, Jeoncheon-gun L, Gwangju-gun L, 273 L, 273 L, term of May 31, 2024) with respect to the mining right. The scope of the above mining right includes Q, R, and G forests. (2) The plaintiff operates U (the above representative) mining from the FR forest, S, and T miscellaneous land to the old-dried stairs-type, and purchased the shares of G forest in order to conduct mining as it has been formed in the G forest (divided E part) adjacent to the FR forest.
U is about G forest land from Young-gun around August 199.