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(영문) 수원지방법원 2016.05.10 2015가단129973
공유물분할
Text

1. Among the forest land of 44,392 square meters in the wife population and the forest land of 8,482 square meters in the wife population in Chungcheongnam-si;

(a) The forest land F 44.

Reasons

1. Facts of recognition;

A. The share of H, I, and Defendant C is owned by one-third of the shares of H, and one-half of the shares in the forest F, F, 874 square meters (hereinafter “former forest in this case”) in G. As to the share of H on January 26, 191, J and Defendant D transferred ownership to Defendant D on the ground of “consultation split-off inheritance” on January 26, 1991, and both J and Defendant D owned one-six shares.

B. On February 9, 1993, some of the co-ownership shares of I, J, and Defendant C and Defendant D were transferred to Defendant B (hereinafter “Defendant clan”) and Defendant clan owned 1,983/52,874 of the previous forest land of this case.

(However, it does not appear that much of the shares of I, J, and Defendant C and Defendant D have been transferred to the Defendant clan on the full certificate of registered matters.

On January 1, 2001, the ownership of 16,964 shares of I was transferred to Defendant E by reason of “Inheritance by Agreement”.

The plaintiff purchased 50,891 shares in J's 317,244 through a compulsory auction and completed a share transfer registration on November 21, 2012.

E. The Plaintiff filed a claim against K and Defendant E, Defendant C, and Defendant D for the partition of co-owned property as to the previous forest in this case at this Court 2014Gahap62599, and in the instant case, the said claim was made by dividing the previous forest in this case into “instant 1 land” and “instant 2 land” with the size of 44,392 square meters in the wife population at the time of permitting the previous forest in this case, and the size of F forest in the wife population G 8,482 square meters in the wife population at the time of dividing the forest in this case (hereinafter, “instant 1 land” and “instant 2 land” in total, and the appraisal level was prepared.

Accordingly, the previous forest was divided into each land of this case on June 24, 2015.

[In the case of partition of co-owned property, the land of this case 2 is owned solely by the plaintiff, and the land of this case K (K is not a co-owner of the previous forest of this case).

The judgment that dividess Defendant E, Defendant C, and Defendant D into co-ownership is pronounced.

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