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(영문) 대전지방법원 논산지원 2018.02.01 2016가단4443
공유물분할
Text

1. The remaining amount of 32,628 square meters of the D Forest land, Chungcheongnam-gun, Chungcheongnam-gun, which is put up for an auction and deducts the auction expenses from the proceeds.

Reasons

1. Basic facts

A. Registration relationship 1) D Forest land of 32,628 square meters (hereinafter “instant forest”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant forest”).

The registration of ownership transfer was completed in the name of Plaintiff A, the Plaintiff’s father, but the registration of ownership transfer was completed in the name of Plaintiff A, F, G, and H on April 18, 1969. The registration of ownership transfer was completed in the name of Plaintiff A, F, G, and H on April 18, 1969. 2) The registration of ownership transfer was completed in the name of Plaintiff A via E, and the total of 1/2 shares in the Plaintiff’s name was completed in the name of Plaintiff A following I and J, and the registration of ownership transfer was completed in the name of Plaintiff A and B.

3) As to each one-fourth share in the above G and H name, the Defendant (hereinafter “Defendant clan”) on the ground of termination of title trust.

B) The registration of transfer of ownership in the name was completed. (B) The defendant clan filed a lawsuit against the plaintiff A and five other parties for the implementation of the registration procedure for transfer of ownership on the 11st parcel of land including the forest land in this case on the ground of the cancellation of title trust.

In the above case, the defendant clan claimed that "the defendant clan trusted the forest of this case to K around 1917, the status of the title trustee was succeeded to the plaintiff Eul, etc. after the title trustee was succeeded to the plaintiff, etc., and since the defendant clan terminated the title trust, the plaintiff et al. was obligated to implement the procedure for the registration of ownership transfer for the reason of termination of the title trust." However, the defendant clan was sentenced to dismissal of the above part of the claim on the ground that there was no evidence to acknowledge that the forest of this case was owned by the defendant clan since before 1917, and the above judgment became final and conclusive as is.

2) The instant Court 2006Kadan2875 case and Daejeon District Court 2008Na1390 case (hereinafter “the second prior suit”)

Plaintiff A, et al., the inheritor of E, and six other parties, shall share 1/2 of each of eight parcels of land, including the forest land of this case, against G, H and Defendant clan.

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