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1. The Plaintiff’s ownership of 331 square meters in the F Religious Site in Kimhae-si, and the Defendant B shall have 3/9, 3, 4, and 523 square meters in G forest land in Kimhae-si.
Reasons
1. Basic facts
A. The Plaintiff owned Nonparty H with the land of 554 square meters G G forest in Kimhae-si. However, on November 9, 1993, the Changwon District Court (Seoul District Court Decision 1204, which received 1204 on December 10, 1985, and became co-owners by being transferred 331/554 on the ground of sale.
B. On December 16, 1993, the deceased I (hereinafter “the deceased”) transferred 5223/54 of the H’s shares in the forest as above.
On November 7, 2008, the forest land was divided into 331 square meters of F forest land and 5223 square meters of G forest land in Kimhae-si on November 7, 2008. On October 6, 2010, the land category of the said forest land was changed to that of a religious site.
C. The Plaintiff purchased 331 square meters of the above F religion site from H to construct religious facilities, and occupied exclusively the above part of the land by dividing it, and constructed religious facilities on the above ground, and obtained approval for use from the competent authorities on April 3, 2009.
The Deceased died on February 5, 199, and the Deceased’s inherited property was inherited by Defendant B’s 3/9 shares, Defendant C, D, and E in proportion to 2/9 shares.
E. The Plaintiff intended to negotiate with the Defendants for the division of each of the above lands, but did not comply with the Defendants’ request.
[Ground of recognition] Each entry or video of Gap evidence 1 to Gap evidence 3 (including paper numbers)
2. The plaintiff, however, requests the division of the article jointly owned pursuant to Article 268 of the Civil Code.
In light of the above situation of the use of each of the above land, it seems reasonable to divide the above F Religious Site into the Plaintiff’s sole ownership, and G forest land into the co-ownership according to the Defendants’ inheritance share ratio.
Therefore, among the Plaintiff’s sole ownership of the above F Religious Site 331 square meters, Defendant B, among G forest land 523 square meters, shall be divided into 3/9 shares, Defendant C, D, and E with 2/9 shares, respectively, and shall be divided into the Defendants’ joint ownership. It is so decided as per Disposition.