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(영문) 대구지방법원 2015.09.18 2014나22169
지분소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall North Korea from the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. Before subdivision, F forest land 16,562 square meters (hereinafter “H land”) was owned by the network E. G with respect to the 3/167 shares among them, the Daegu District Court’s Cheongdo Office of Registry No. 735, Apr. 8, 1980, as the receipt of No. 735, Mar. 5, 1973.

B. On April 30, 1991, F forest land before subdivision was divided into 6,523 square meters of F forest land (hereinafter “instant forest”), 5,532 square meters of J forest land, 478 square meters of K forest land, 478 square meters of K forest land, 3,551 square meters of L forest, and the remaining land, other than the instant forest, other than the instant forest, was divided into Dong E-owned land in the process of subdivision. As such, the area compared to G’s share decreased from 297.521 square meters to 117.179 square meters of land.

C. Accordingly, on April 22, 191, the network E and G obtained the right of 1,883 square meters and 90 square meters in the instant forest among the instant forest land. However, the agreement was made to register division when it is possible to divide the instant forest land by specifying the portion of the instant forest land surrounding the grave of G G parents located adjacent to the instant forest (hereinafter “instant agreement”).

Of the instant forests, the slope surrounding adjacent M graves exceeds 90 square meters. If the boundary between M and M is measured with a point of 297 square meters (a smallest point of 90 square meters) in the said part, the part on the ship, which connects each point of the attached Form 1 through 5, and 1, and the part on the “1” indicating “1” (hereinafter “instant dispute land”).

E. Meanwhile, G died on July 22, 2000, and the Plaintiff and the designated parties succeeded to G’s property as a share such as the inheritance shares in attached Form 4.

In addition, the deceased E died on March 28, 2015, while the lawsuit of this case was pending, and its inheritors entered into an agreement on the division of inherited property on June 17, 2015 with the content that the deceased E owns 164/167 shares in the forest of this case on June 17, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 3, and Eul No. 1 to 3.

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