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(영문) 춘천지방법원원주지원 2020.05.12 2018가단308336
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 16, 2013, the Plaintiffs bid for the case of voluntary auction of real estate by Sungwon District Court Sung-nam Branch, and Plaintiff A was awarded a successful bid for the share of 122,967 square meters in KK forest land owned by the Defendants as co-ownership, and the share of 138966/170, and the share of 324254/170 by Plaintiff B.

B. The Plaintiffs, including the Defendants, filed a lawsuit seeking a partition of common property jointly owned (2014da204467) with the Suwon District Court in Sung-nam branch, and Defendant I of the instant case was the Defendant (Appointed Party) representing the remaining Defendants of the instant case, the designated parties at the time. On October 17, 2014, the said lawsuit became final and conclusive as the following decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”).

Decisions

1. Division of land;

A. The plaintiffs and the defendant's co-owners at the time of defendant M refers to the defendant's co-owners.

With respect to the area of 122,967 square meters of K forest in Gwangju-si, Gyeonggi-do, in which the defendant (appointed party) and the designated party share, it shall be divided and owned as shown in the attached list, details of division and the attached drawing.

B. The list, the contents of the division and the attached drawing are not based on the cadastral survey conducted by the Korea Cadastral Corporation, and if a subsequent registration is needed, the plaintiffs, the defendants, the defendant (appointed parties) and the designated parties shall cooperate in the cadastral survey procedure.

2. Opening of roads;

A. By December 31, 2014, Defendant I (Appointed Party) from the access road to the Gwangju City of Gwangju to December 31, 2014 to Section 1.

In principle, roads that can be connected to the land owned by the plaintiffs pursuant to paragraph (1) shall be constructed, and the location of the road shall be based on the road opening planning drawing proposed by the defendant (Appointed Party) and the designated parties, but it may be changed under mutual agreement.

B. The plaintiffs, the defendant, I, and the designated parties (designated parties) agree to provide their own land for the construction of the above road, and use it as a contribution.

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