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(영문) 수원지방법원평택지원 2019.01.18 2016가단47527
공유물분할
Text

1. Attached Table 1. Map No. 26, 27, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, among the 7,455 square meters of Pyeongtaek-si forest land.

Reasons

1. Basic facts

A. BH had owned 23,207 square meters prior to the division. From March 26, 1963 to December 12, 1991, part of the above forest was sold to a third party. The third party completed the share ownership transfer registration in relation to the above forest.

B. Around 1984, the said forest was divided into BH 22,413 square meters and BJ 794 square meters. The said forest was divided into BH 22,413 square meters and BJ 22,413 square meters. On the premise that BH 22,413 square meters were in a mutual title trust relationship where BK, BM, and BN purchased shares at the ratio equivalent to the size of each sectional ownership for convenience after specifying the location and size of each specific part of the forest, and completed the registration of co-ownership in proportion to the size of each sectional ownership for convenience, the said forest was awarded a lawsuit seeking implementation of the procedures for ownership transfer registration due to the cancellation of title trust on three occasions against the co-owners of the said forest (this Court Decision 2005No752,752, 207No16422, 207). As a result, BOM 165 square meters of forest and forest divided from the said forest and completed the registration of ownership transfer as BY 3632, BN29, BJ.

C. On August 4, 2008, BU forest was divided into BU forest land of 145 square meters, BV forest land of 69 square meters, BW forest land of 26 square meters, and BX forest of 98 square meters, and BY and B are the same.

BY filed a mutual title trust on the same ground as indicated in the port, and BY filed a lawsuit against the co-owners of the above forest land to seek implementation of the procedures for ownership transfer registration due to the cancellation of title trust (this Court Decision 2008Gadan5245), and the judgment became final and conclusive around that time.

As above, the divided BH forest land is divided into 16,139 square meters on September 29, 2009, 51 square meters of CA forest land, CB forest land, 94 square meters of 4 square meters of CC forest. Ultimately, BH forest and forest are 15 square meters.

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