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(영문) 수원지방법원 2016.08.23 2014가단20451
공유물분할
Text

1. A ship which connects each point of the attached Table No. 92, 93, 94, 95, and 92, among the land of 53,855 square meters in Osan-si, Osan-si.

Reasons

1. Basic facts

A. The Defendants, other than Defendant 5, 46, and 51 (F, AU, AV, AW, AX, AY, and AZ) and Defendant 5, 46, and 51 (F, AU, AV, AX, AY, and AZ), completed each registration of ownership transfer with respect to the corresponding shares of the Plaintiffs and the aforementioned Defendants, indicated in the “share-ownership shares” in the separate sheet of co-ownership shares, among the 53,855 square meters of Osan City BA Forest and Forest (hereinafter “the instant forest and forest”).

B. BC completed the registration of ownership transfer for shares 1,653/53,855 out of the instant forest land. BC died on October 17, 1974 and succeeded to its property by Defendant F, Defendant AU (Inheritance), BD, Defendant AV (mix), and W (mix). BD died on June 29, 2013 and succeeded to its property by Defendant AX, Defendant AY, Defendant AY, and Z, the wife’s children.

C. (1) On November 1, 2002, the Plaintiffs purchased specific 661m2 in the “cine” portion in the ship connecting each point of 94, 95, 96, 15, 14, 13, 12, and 94m2, such as 661m2, among the forest of this case, the attached appraisal map Nos. 92, 93, 94, 94, 95, 95, and 92 in sequence, and completed the registration of transfer of ownership by specifying 661m25/53,85 shares as above.

(2) In order to create a cemetery, etc., the Plaintiffs: (a) purchased part of the instant forest by specifying the aforementioned location; and (b) managed the instant forest by specifying the location; and (c) managed the instant forest by the Defendants.

(3) Of the instant forest land, the Plaintiffs agreed that the portion of the “2” portion indicated in the attached Form No. 661 square meters shall be owned by the Plaintiff, and the portion of the “3” portion indicated in the same drawings shall be owned by the Appointor A.

Until the date of closing the argument in this case, the agreement between the plaintiffs and the defendants on the method of dividing the forest in this case was not reached.

Grounds for recognition: A1-4; this Court’s verification; appraiser BE’s appraisal; and the whole purport of the pleading.

2. According to the above facts of recognition, the Plaintiffs are the instant case.

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