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(영문) 수원지방법원여주지원 2016.12.20 2015가단870
공유물분할
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The annexed drawing shall be indicated with respect to the area of 5147m2 in Gyeonggi-gu D Forest land.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The registration of preservation of ownership was completed in the name of E and five persons with respect to the registration of 1 forest land of 5 No. 4 - 5 - 4 - single forest land (hereinafter “real estate before division”) before the division.

나. 1938.(昭和 13.)

2. 1. 분할 전 부동산 중 F, G, H, I 명의 4/6 지분에 관하여 J, K, L, M 명의로 공유지분매매를 원인으로 한 지분이전등기가 마쳐졌고, 1939.(昭和 14.) 12. 1. 분할 전 부동산 중 K 지분에 관하여 N 명의로 가독상속을 원인으로 한 지분이전등기가 마쳐졌다.

C.O, P, and Q completed the registration of ownership transfer made on October 10, 1959 from J, L, M, and N with respect to each one-third portion of the immovable properties before subdivision on November 2, 1971.

On August 19, 1989, the Plaintiff completed the registration of ownership transfer on December 3, 1988 with respect to one-third share of P out of the real estate before the split-off.

E. On January 17, 1990, the real estate prior to the subdivision was divided into the area of 51477 square meters of the Gyeonggi-do Forest land (hereinafter “instant real estate”), 832 square meters of R forest land, and 1344 square meters of the S forest land.

F. On February 24, 1996, T has completed the registration of ownership transfer on January 31, 1995 with respect to the portion of one-third of the O's title among the instant real estate, which was based on the inheritance of divided property through consultation. On March 4, 2004, T completed the registration of ownership transfer on March 3, 2004 with respect to the said portion on March 3, 2004.

G. On March 21, 2012, Defendant Religious Association completed the registration of ownership transfer based on the cancellation of title trust on March 20, 2012 with respect to Q 1/3 shares out of the instant real estate.

H. The Plaintiff, Defendant B, and Defendant Religious Association did not enter into an agreement on the method of dividing the instant real estate, and there was no special agreement on the prohibition of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, 22, Gap evidence 10-1, 2, Eul evidence 2-1, 2-2, Eul evidence 5, 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the defendant.

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