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(영문) 대구지방법원 2018.02.06 2015가단125774
공유물분할
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 1969, the Plaintiff installed a broadcasting transmission station in the vicinity of the C’s top among the 1,281,322 square meters of A forest land (hereinafter “instant land”).

B. On February 22, 1979, the Plaintiff entered into a sales contract with D, E, and F (hereinafter referred to as “D, etc.”) to purchase one information of the instant land from D, E, and F (hereinafter referred to as “D, etc.”) to specify the location and area of the instant land.

C. The Plaintiff completed the registration of ownership transfer on August 29, 1979 with respect to 1/129.2 of the instant land.

On June 11, 1986, the defendant Dang-gu Busan High School Management Foundation completed the registration of ownership transfer with respect to the portion of 128.2/129.2 of the land in this case on October 7, 1995, and completed the registration of ownership transfer with respect to the shares of 0.303/129.2 of the shares in the co-ownership of the defendant Dacheon-gu Busan High School Management Foundation.

E. The instant land was divided in June 201 and became a 1,279,420 square meters of A forest and G forest and a 1,902 square meters of forest land.

[In conclusion, each of the above lands after the land or the division of this case is owned by the plaintiff and the defendants, and the co-ownership shares are owned by the plaintiff, the plaintiff 129.2, the plaintiff 127.897/2, the plaintiff 129.2, the plaintiff 129.303/129.2, the Daegu-gu Office of the defendant foundation, the defendant foundation's foundation's foundation's maintenance foundation's 0.303/129.4] The plaintiff 1 did not have any dispute, the evidence No. 1-2, 2, and 3, and the purport

2. The Plaintiff asserted that the Plaintiff used the top vicinity of the instant land as a broadcast transmission station site, and purchased one information on February 22, 1979 based on the building, transmission tower, other facilities, etc. of the transmitting station.

The part purchased by the Plaintiff as above is the value of coordinates of triangulation points (the value of coordinates verified by the reply to the inquiry of fact made on December 8, 2017 by the National Land Information Institute), as shown in [Tlim 1] among the land of this case, and the part (a) as indicated in the claim for a compensation claim, 903 square meters, which is based on the drawings of [Tlim 1].

The land in this case is the boundary of the current cadastral record.

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