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(영문) 대구지방법원 김천지원 2018.08.30 2016가단5050

지분소유권이전등기절차이행

Text

1. As to the Plaintiff’s share of 100/810 out of 949 square meters in Kimcheon-si, Kimcheon-si, Defendant B shall have 133/819 shares, and Defendant C shall have 382/819 shares.

Reasons

1. Basic facts

A. On March 3, 1991, the Plaintiff purchased from F Kimcheon-si 210 square meters prior to Kimcheon-si, and occupied G by entrusting G with cultivation.

B. The land before subdivision, Kimcheon-si, H-si, H 2,678 square meters (hereinafter “land before subdivision”) was owned by G. As such, I sold 600 square meters out of the land before subdivision to G, and the 600/810 shares out of the land before subdivision was transferred to G. The J completed the registration of transfer of shares based on donation on February 24, 2012.

C. As to the share of 110/810 of the land before subdivision, the registration of share transfer was completed on March 25, 1965, and thereafter the registration of share transfer was completed on May 4, 1995 in the name of the Plaintiff.

Although the registration of share transfer was completed with respect to the land before subdivision, in fact, the land before subdivision was divided into 1,729 square meters of land in Kimcheon-si and 949 square meters of land E (hereinafter “instant land”). The land before subdivision was divided into 1,729 square meters of land in Kimcheon-si and 949 square meters of land in E (hereinafter “instant land”).

E. In around 2007, the Plaintiff received a guarantee of 10/810 shares of I out of the land of this case.

F. On June 28, 2007, J filed an application for the issuance of a written confirmation with respect to I share of the instant L L in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, and the application for the issuance of written confirmation was dismissed upon I’s objection.

G. The Plaintiff directly cultivated the instant land that had been cultivated since 2009.

H. Of the instant land, the shares I owned by Defendant B inherited the shares of 133/819, the shares of Defendant C C in 382/819, and the shares of Defendant D in 304/819.

I. In filing the instant lawsuit, the Plaintiff also sought to transfer 600/810 of the instant land among the instant land, and the Defendant J, July 10, 2018, terminated the mutual title trust on August 12, 2016, with respect to the Plaintiff’s share 600/810 of the instant land.