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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. On May 9, 1995, the Plaintiff (Appointed) and the designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) and E filed a share transfer registration on the grounds of inheritance due to a consultation and division with respect to each one-seven share of 14,777 square meters of F Forest in Seocheon-gun, Chungcheongnam-do (hereinafter “F Forest before division”). Of F Forest land before division, the compulsory auction procedure for E 1/7 shares was commenced, and on April 25, 2006, shares of 1/7 shares of E were sold to C on April 25, 2006.
B. C filed a lawsuit for partition of co-owned property against the Plaintiff, etc. as the Hongsung Branch Branch of Daejeon District Court 2007Gadan620, and conciliation was established between C and the Plaintiff, etc. on May 28, 2007 during the proceeding of the lawsuit as follows (hereinafter “instant conciliation”).
Part 2,11 square meters inboard connecting each point of the attached Form 1, 2, 2, 28, 24, 25, 26, 27, and 11 square meters in sequence among F forest land before the subdivision of the static Clause shall be owned by C; the part 12,11 square meters in the attached Form 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, and 266 square meters in sequence among F forest land before the subdivision of each section shall be divided into co-ownership of the Plaintiff, etc. in accordance with the co-ownership share of each 1/6.
C. Pursuant to the above adjustment clause, C independently completed the registration of ownership transfer by completing the entire share transfer registration from all members, including the Plaintiff, etc., to C, through a subdivision procedure dividing the 2,111 square meters of F forest into 1/7 shares of F forest before subdivision into 2,11 square meters of land G forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.
However, after the division, the Plaintiff et al. did not complete the registration of the transfer of C’s 1/7 share (hereinafter “instant share”) out of the 12,666 square meters of land D forest land in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and C was still registered as the owner.
E. Meanwhile, the Defendant’s share in the instant case based on the executory payment order for the claim for advance payment in Hongsung Branch of Daejeon District Court (Seoul Branch Court Decision 2012 tea 4415).