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(영문) 수원지방법원여주지원 2016.05.11 2014가단4295
공유물분할
Text

1. With respect to I forest land 62,414 square meters in Sju-si, each point of which is indicated in the separate sheet No. 1 through No. 15, 25, 23, 24, and 1.

Reasons

1. Basic facts

A. At the time, Defendant F, a co-owner of the said land, filed a lawsuit for partition of co-owned property against the remaining co-owners of the said land at the time, and rendered a judgment on May 6, 2010, stating that “N forest land 16,528 square meters out of the above land is owned by Defendant F, and I forest 62,414 square meters is divided into co-ownership by the remaining co-owners of the said land,” and the said judgment became final and conclusive around that time.

Defendant F completed the registration of ownership transfer by dividing the 16,528 square meters of NA forest corresponding to his/her co-ownership shares among the above land in accordance with the above final judgment. Defendant F did not complete the registration of ownership transfer for his/her shares among the 62,414 square meters of FI forest land (hereinafter “instant land”), which is the remaining land, and is currently recorded in the register as co-owners of the instant land.

(B) Defendant F was present on the fifth day for pleading of this case and recognized that he did not own share in the land of this case).

The instant land is Plaintiff A 3262.6/62414, Plaintiff B 916/62414, Defendant C 2645/62414, Defendant D 7273/62414, Defendant E611.6/62414, Defendant H’s Intervenor H (hereinafter “Defendant H”) 3305.8/62414 [Defendant H] on June 13, 2014 when the instant lawsuit is pending, Defendant H purchased shares of 305.8/62414 out of the instant land and purchased shares of 3305.8/62414 from the withdrawal G.

7. 24. Completion of a share transfer registration.

Each share of the plaintiffs and defendant C, D, E, and H are shared by each share of the plaintiffs.

C. The Plaintiffs did not reach an agreement on the division of the instant land between the Plaintiffs and Defendant C, D, E, and H, and the Plaintiffs filed the instant lawsuit seeking the division of the instant land.

In Sju City, based on Article 60 of the Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records, it is not permitted to divide the land of this case into below a decimal point.

E. Defendant C, D, and E are the plaintiffs.

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