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(영문) 인천지방법원부천지원 2014.08.28 2014가단4707
공유물분할
Text

1. The amount of money remaining after selling the 20,349 square meters of H forest in Seocheon-gu, Seocheon-gu and deducting the auction expenses from the proceeds thereof;

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence No. 1, 2, 3, 4, 5; (c) evidence No. 1-5; (d) No. 2-1, 2, 3; (e) evidence No. 3-1, 2, 3; (e) evidence No. 4-1, 2, and 5-3; and (e) evidence No. 5-3.

The forest of this case was based on the inheritance of the property as of June 22, 1987 and the partition of co-owned property as of October 12, 1994, and the shares of 24/10 among them were I, 24 shares of J, 16/100 shares of K, 16/100 shares of L, 16/100 shares of L, 16/100 shares of M and 4/100 shares of M were completed in N, respectively. However, on the above I, J, K, K, L, L, and M shares (total 72/10 shares), the share transfer registration was completed on the ground of the successful bid as of April 1, 1997.

B. Since then, on November 11, 1997 with respect to the above NN's share (4/10), the transfer registration was completed under the name of the defendant C on January 13, 1998 on the ground of sale as of November 13, 1998, and on the O's share (72/30) on the ground of sale as of July 23, 2009 due to voluntary auction as of July 23, 2009, the share was completed under the name of the defendant D, while the share was completed under the name of the defendant E on August 30, 209. The share transfer registration was completed under the name of the plaintiff E on August 13, 201 with respect to the remaining share (24/100 in aggregate) of I, J, K, L, and M on April 17, 2004.

C. Accordingly, the forest land of this case is owned by the Plaintiff at the ratio of 6/25 (24/100), 6/25 (72/30), 1/25 (4/100), 2/25 (24/30), 4/25 (48/30), and 6/25 (72/30).

On the other hand, the Plaintiff purchased an unauthorized building (A) located in the part (A) connected in sequence to each point of 6, 7, 8, 9, 10, 11, 12, 13, and 6, among the forest land of this case.

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