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(영문) 춘천지방법원 2016.11.09 2015가단52476
공유물분할
Text

1. As to the non-party B Co., Ltd., the Defendant: (a) 824/9,963 of equity shares in Hongcheon-gun, Hongcheon-gun; (b) 9,139 square meters of forest land in Gangwon-do.

Reasons

1. Facts of recognition;

A. On June 23, 2011, the Hongcheon-gun E (hereinafter “instant project site”) announced the authorization of the implementation plan for the development project F, which is a Hongcheon-gun’s Urban Planning Facility (hereinafter “instant project”), to the Hongcheon-gun’s Public Notice G, Hongcheon-gun, and thereafter, the change of the project area was publicly notified.

B. B, as a business operator implementing the instant project in accordance with the foregoing public notice, intended to purchase 9,139 square meters of land among 9,963 square meters of land (hereinafter “instant land before subdivision”) owned by the Defendant, which was located within the instant project site, prior to the subdivision, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on October 6, 201.

C. On August 29, 2014, B obtained a ruling of expropriation that compensation of KRW 59,403,500 and the timing of expropriation on September 29, 2014 with respect to KRW 9,139,00 among the instant land owned by the Defendant prior to subdivision (hereinafter “the instant ruling of expropriation”). For convenience, registration was completed by B by means of transfer of ownership for shares 9,139,00 of the said land prior to subdivision on the grounds that the said land was not divided.

B on September 24, 2014, pursuant to the instant decision on expropriation, the Defendant deposited KRW 59,40,500 for compensation for 9,139 square meters of the land before the said subdivision to the Defendant.

E. After that, on October 20, 2016, the instant land prior to the instant partition was divided into 1,431 square meters of D forest (the registered matters were corrected as 10,570 square meters of D forest land on July 3, 2015) and C forest 9,139 square meters of C intended to be acquired by B (hereinafter “instant land”) and the instant land was divided into 9,139 square meters of C forest 1,431 square meters (the registered matters were 824 square meters, but the registered matters were corrected as a correction). As such, the instant land had share of 9,963/9, and the Defendant had share of 824/963, and the share transfer registration was completed.

F. Meanwhile, on October 24, 2014, B entered into a real estate security trust agreement on the F site including the instant land with the Plaintiff, and on October 27, 2014, the instant land.

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