Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's primary and conjunctive claims are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. D owned a forest land of 148,364 square meters (hereinafter “instant land before the instant subdivision”) in Gyeong-gun, Gyeong-gun, Chungcheongnam-do, and Chungcheongnam-do. However, D completed the registration of ownership transfer on May 30, 1952 with respect to each 1/2 portion of the said land to E and F.
B. On January 1, 1960, E transferred the ownership of 1/2 shares of the land before the instant partition to G.
As G died on March 25, 1985, G’s successors, including the Plaintiff, inherited the above ownership.
Since June 20, 1989, the Plaintiff received the inheritance shares from the other inheritors of G, and finally completed the registration of ownership transfer with respect to one-half shares of the land before the division.
C. F’s share in the land before the instant partition was finally transferred to J on May 17, 1989 through H and I, following the transfer to the Defendant on September 5, 1989.
On December 17, 1983, the land before the instant partition was divided into C forest land of 140,030 square meters and 8,334 square meters of O forest land (the registration of transfer of 1/2 shares on December 29, 1983 by P and Q completed the registration of transfer of 1/2 shares).
C On September 13, 2012, the forest land of 140,030 square meters was once again divided into C forest land of 2,968 square meters, M forest of 318 square meters, K forest of 18,65 square meters, and N forest of 118,08 square meters.
E. As above, K forest was assigned to a national highway construction project on April 21, 201 and was expropriated on April 21, 2014.
On April 14, 2014, the Republic of Korea deposited 54,102,40 won of the expropriation compensation for the shares owned by the defendant among the above land as the depositee of the defendant, as the Daegu District Court's Sung Branch Branch Decision 281 in 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 13, 15, 17 (including provisional number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion E and F separately owned a specific part of the land before the instant partition, and had a co-ownership registration corresponding to the area of divided ownership with respect to the land before the instant partition, and the Defendant also divided the aforementioned specific part.