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(영문) 부산지방법원동부지원 2015.04.14 2013가단7662 (1)
공유물분할
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or recognized in accordance with the purport of Gap evidence 1 to 5 and the entire pleadings.

A. H and I were jointly owned at the rate of 81982:7273 square meters of forest G 89,255 square meters in Kimhae-si (hereinafter “instant forest”).

B. On May 5, 2005, H and I agreed with Defendant D on May 5, 2005, instead of constructing a road on the forest of this case before Defendant D was divided, H as part of the forest of this case, 17,779 square meters (a total area of 5873/89255 square meters) and I transferred ownership of 700 square meters (a total area of 2314/89255 square meters) to the above Defendant. Accordingly, Defendant D completed the registration of ownership transfer on May 30, 2005 relating to shares 61087/8925 of the forest of this case (H5873/89255 shares, I2314/89255 shares) out of the forest of this case before division.

C. H, I, and Defendant D decided to determine the parts to be occupied by each person regarding the forest of this case before division, and on May 30, 2006, set up an agreement with the Defendant D that I, B, and C occupy each part of the instant forest of this case before division, and received authentication.

(hereinafter “instant agreement”). D.

I on December 4, 2006, sold to J 49259/8 of its remaining shares, and completed the transfer registration to J on December 5, 2006.

E. On March 30, 2007, H, J, and Defendant D subdivided the instant forest into G forest with 84,296 square meters of G forest and 4,959 square meters of K forest. On May 7, 2007, K forest is divided into the sole ownership of J, divided the remaining forest into the joint ownership of H and Defendant D, and completed the share transfer registration accordingly. The current status of K forest is as shown in the attached Form of Maz.

Since then, G forest was divided into L or M with the area of 3,897 square meters among them, and the area was reduced to 80,399 square meters.

(B) On October 14, 2011, the Plaintiff purchased on October 14, 201 24574/8925 of the remaining shares of H in relation to the instant forest, and on October 25, 201, the Plaintiff purchased on October 25, 201.

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