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(영문) 창원지방법원진주지원 2015.07.14 2013가단12644
토지인도 등
Text

1. The Defendant is the Plaintiff as to the land indicated in the attached Table No. 1 from October 15, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty B owned C forest land 49,983 square meters prior to the subdivision (hereinafter “instant land before the subdivision”). On July 4, 1989, Nonparty D acquired 132/49,983 of the said land, and the Plaintiff acquired 132/49,983 of the said land, respectively. Nonparty B acquired 49,719/3 of the shares in B on June 23, 1993.

On March 17, 1995, the Plaintiff acquired 59,983/49,983/49 of E’s equity and 132/49,983 of D’s equity interest. On May 18, 1995, the Plaintiff acquired 8,926/49,983 of E’s equity interest, and 27,470/49,983 of E’s equity interest on September 6, 1995, and the land of this case before the said division came to own 22,513/49,983/49,983 of E’s equity interest and 27,470/470 of equity interest.

B. On September 5, 1995, the land before the instant partition was divided into Sacheon City C and F or G on September 5, 1995. On October 23, 1995, the Plaintiff and E rendered a partition of co-owned property as the Plaintiff owned the remainder of Sacheon City F, I, and J, respectively.

The current status of the owner and size of the land before and after the partition of the case shall be as follows:

After dividing the article jointly owned with a lot number size 1 C 17,834 Plaintiff 2 F 4,202 E (attached Form 1 land) 3 I6,678 E (attached Form 2) 4 H 12,623 Plaintiff 5 Jacheon-si, J on October 18, 2012, the land of Paragraph 3 in attached Form 3 was divided.

6 G 6,800 Plaintiffs Totaling 49,983

C. On October 25, 2004, K, E, having remaining in the name of E, completed the registration of ownership transfer for reasons of donation with respect to Sacheon-si F, I, and J, and completed the registration of ownership transfer for reasons of sale to the Plaintiff again on February 17, 2005.

On the other hand, the defendant, around around 1987, opened a bank and a road in the vicinity of each of the instant land in connection with the execution of a project for the development of agricultural water in the L district (hereinafter “instant development project”), and described in paragraphs (1) and (3) of the attached Table (hereinafter “instant No. 1”).

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