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(영문) 대전지방법원천안지원 2019.10.17 2019가단101706
공유물분할
Text

1. Of the real property listed in Appendix 1. List 1:

(a)Attachment 2. Map 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14;

Reasons

1. Facts of recognition;

A. On January 23, 1968, E, F, and G jointly purchased one-fourth of the first-fourth of the fourth unit of H forest land in Hasan-si (hereinafter “Before subdivision”) and completed the registration of ownership transfer for E, F, and G one-third shares, respectively, under the receipt of the ASEAN Branch of the Daejeon District Court’s ASEAN Branch Office for the land before subdivision 1874 on March 2, 1968.

B. Since January 7, 2005, the land before subdivision was divided into 4-free forest land and J forest was divided into one group on January 7, 2005. On the same day, the land indicated in attached Table 1. Paragraph 1 (hereinafter “instant land”); the said I forest was changed into the land listed in attached Table 1. Paragraph 3 (hereinafter “instant third land”); and the said J forest was converted into the land listed in attached Table 1. Paragraph 2 (hereinafter “instant land”).

C. Defendant B and K completed the registration of ownership transfer on February 16, 1985 with respect to the portion of G 1/3 of the instant land G 1/3 on May 4, 2007 (Defendant B’s shares 1/6, K 1/6), and Defendant B completed the registration of ownership transfer on February 16, 1985 with respect to all of the shares of the instant land G 2 and 3 on August 12, 2010, based on the inheritance by agreement or division on February 16, 1985.

In addition, Defendant C, the spouse of Defendant B, completed the registration of ownership transfer based on each gift as to the entire shares of 1/6 shares K1/6 of the instant land on November 1, 2007, and as to part (1/6 shares) of the shares of Defendant B of the instant land Nos. 2 and 3 on August 19, 2010.

Defendant B and C filed a lawsuit against E and F seeking a partition of land jointly owned by the Daejeon District Court on August 31, 2010, on the following grounds: (a) Defendant B and C jointly owned the land size of 14,717 square meters in total; and (b) E and F owned the land size of 4,906 square meters in kind; and (c) owned the land size of 14,717 square meters in total; (d) E and F owned the land size of 4,906 square meters in kind.

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