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(영문) 부산지방법원 2016.05.26 2015나6521
공유물분할
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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. According to the agreement on May 5, 2005 between H and I on behalf of H, instead of constructing a road on the forest of this case before the division by Defendant D, H as part of the forest of this case, H transferred ownership of 17,779 square meters (total area of 5873/89255), and I transferred ownership of 700 square meters (total area of 2314/89255) to the above Defendant. Accordingly, Defendant D completed the registration of ownership transfer as to the forest of this case (H58773/89255 shares, I2314/89255 shares) out of the forest of this case before division of May 30, 2005.

C. H, I, and Defendant D agreed to determine each of their sectional ownership on the forest land of this case before the division, and on May 30, 2006, set up an agreement with I on the part (1,500 square meters) and the part (7,00 square meters) and the part (7,00 square meters) and the part (7,00 square meters) in the attached Sheet No. 1,50, and received authentication.

(hereinafter “instant agreement”). D.

I sold all remaining shares to J on December 4, 2006, 4959/89255, 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 and 4,959 square meters of K forest. On May 7, 2007, K forest is divided into the sole ownership of J and Defendant D, and the remaining forest is divided into the joint ownership of H and Defendant D, and completed the share transfer registration accordingly (the J’s 4959/8925 shares were transferred to H on May 8, 2007, with 1365/8925 shares, and 3594/8925 shares were transferred to Defendant D), and the current status of K forest is as shown in the separate sheet.

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, 201, 201, the Plaintiff is the Plaintiff’s forest with respect to the instant forest.

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