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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원여주지원 2016.02.02 2014가단1180
공유물분할
Text

1. Of F forest land 4,398 square meters (the actual area 4,419 square meters), part of “G” indicated with the annexed partition survey result shall be 884 square meters.

Reasons

1. Basic facts

A. The Defendants and the network I completed the registration of ownership transfer on February 21, 1985 with respect to 1/5 shares in each of the 1/5 shares of FF forest 4,398 square meters (in the instant appraisal process, the forestry map registered as a small scale was converted into a large scale, and the actual area was confirmed to have been 4,419 square meters, and based thereon, it would have been expected that the registration of ownership transfer was completed on September 7, 2010 on the ground of sale on November 9, 1973. The Plaintiff completed the registration of ownership transfer on February 21, 1985 with respect to 1/5 shares of the Plaintiff’s 1/5 shares on the ground of inheritance by consultation division on September 7, 2010.

B. The Plaintiff and the Defendants did not agree to prohibit division regarding the instant forest land, and did not agree on the method of dividing the instant forest land.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion among the forest land in the instant case, the annexed annexed to “G” portion on the ground of 884 square meters (hereinafter “the Plaintiff’s subdivision”), among the forest land in the instant case, the part of the Plaintiff’s subdivision owned by the Plaintiff’s sole ownership, and the part of 3,535 square meters on the “H” portion indicated as the same outcome (hereinafter “the part of the Defendant’s subdivision”) is reasonable to divide the Plaintiff’s ownership.

In addition, since the market price of the part divided by the Defendants is higher than the part of the Plaintiff’s division, 21,10,400 won (105,52,00 won x 1/5) corresponding to the Plaintiff’s share in the amount of KRW 15,832,80 (21,110,400 - 15,832,800), the difference between the amount assessed as to the Plaintiff’s share in KRW 105,552,00 (105,52,000) and the amount assessed as to the Plaintiff’s share shall be compensated by the Defendants in cash.

B. The Defendants’ assertion that the forest land of this case was purchased by Defendant E with the intent to install graves of the above-mentioned siblings, among the children of Defendant B, C, D, and the deceased J, which are the siblings. As to the part of the Plaintiff’s division.

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