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(영문) 서울중앙지방법원 2017.11.16 2014가단87036
공유물분할
Text

1. The Defendant (Counterclaim Plaintiff) and Defendant C, D, E, F, G, H, and I are of 21,356 square meters of J forest in Ansan-si and of 13,117 square meters of K forest.

Reasons

1. Basic facts

A. The land which is divided into the J Forest 21,356 square meters, K Forest 13,117 square meters (hereinafter “J Forest” and “K Forest”, and two parcels are combined, and the land is divided into the J Forest 42,593 square meters and divided into the J Forest 42,593 square meters.

B. As to the instant forest land, the name of the registered titleholder on May 6, 1967 on co-owners M, N, and F registry appears to have been written in writing in the course of moving “S” or “F” in Chinese language.

The registration of co-ownership shares was completed in the name of D,O, P, C, and Q, and (i) the registration of transfer in the name of R was completed on July 24, 1985 with respect to the shares of 21/150 shares of N on July 24, 1985, and as to the shares of 21/150 shares of R andO on December 5, 1996 and the total of 42/150 shares was completed on January 7, 1996, each registration of transfer was completed in the name of Defendant B Cultural Institute on the ground of termination of the title trust on October 7, 2004.

In addition, as regards each of the 11/150 shares owned by P, the decision of compulsory commencement of auction was rendered on May 31, 201 at the creditor's request by the Korea Technology Credit Guarantee Fund (U.S. District Court Pyeongtaek), and on July 12, 2012, the Plaintiff and U.S. acquired ownership and completed the registration of transfer by winning 11/30 each of the above 11/150 shares in each of the above 11/150 shares in the auction procedure, and thereafter U's shares were transferred to L by a designated person due to the division of inherited property, and the registration of transfer in L's name was completed on October 22, 2013.

(v) Q has died on April 8, 2009 and succeeded to the deceased at the ratio of 3/7, 2/7, 2/7, and 2/7 of each of Defendant G and his/her children, who are his/her spouse. The details of changes in ownership of the forest of this case and the present ownership relationship are as follows.

As of the details of the transfer of ownership of the first co-owner M 43/150 E (division of inherited Property Consultation), Defendant E 86/300 N 21/150 NR B cultural center (title trust termination) Defendant B cultural center (title trust termination) 84/300O 21/150 O B cultural center (title trust termination) C 11/150 Defendant C 22/300.

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