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1. Of the 2562m2 square meters of Sinung-si D Forest land, each point of the attached Form 1, 2, 3, 35, 34, 36, 37, 38, 39, and 1 shall be in order.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On August 31, 2017, the Plaintiff purchased 5986.52/7970 square meters among E prior 7970 square meters in Si-si, Si-si, and completed the registration of ownership transfer on October 27, 2017. The Plaintiff purchased 330 square meters of F forest land in Si-si on January 26, 2018 and completed the registration of ownership transfer on the said land on January 30, 2018.
B. On November 20, 2017, the Plaintiff entered into a contract with the Defendant-Counterclaim Plaintiff to purchase KRW 33,900,000 of the shares in D Forest land 2562m2 (hereinafter “instant land”) located adjacent to each of the instant land at KRW 33,90,000, and completed the registration of ownership transfer on December 12, 2017 of the instant land.
C. Some co-owners of the instant land, including the Defendant (Counterclaim Plaintiff), sold each share of the instant land among the instant land to the Intervenor by the time and time from February 27, 2018 to February 17, 2020, and completed the registration of ownership transfer for each of the said shares in the instant land by the time and time from February 27, 2018 to February 17, 2020.
Accordingly, with respect to the share of 30/2562 out of the instant land, the Plaintiff’s share in each of the instant land indicated in the separate sheet No. 4: Provided, That the Defendants and Defendant Lessee (Counterclaim Plaintiff)’s share in the separate sheet No. 3 is not “25292,” but “2562,” respectively.
After completing each registration of ownership transfer for each of the instant land, each of the instant land is jointly owned.
E. As to the partition of co-owned property on the instant land between the Plaintiff, the Defendant (Counterclaim Plaintiff), the Defendants, and the Defendant were not discussed until the closing date of the argument in the instant case.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1, Eul 2 through 7, and the purport of the whole pleadings and arguments
2. Determination as to the principal claim.