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(영문) 수원지방법원 2018.05.31 2017나56711

지분소유권이전등기

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1. Revocation of the first instance judgment.

2. The Defendant shares 164/821 out of 590 square meters prior to Sungnam-gu, Sungnam-gu.

Reasons

1. Facts of recognition;

A. On December 11, 2000, the Plaintiff was divided into 821 square meters prior to Seongdong-gu, Sungnam-si (hereinafter “Before subdivision”) and 164 square meters prior to D on December 11, 200. The 657 square meters prior to C was divided into 591 square meters prior to C on January 28, 2003 and 66 square meters prior to E, and the 591 square meters prior to C was divided into 590 square meters prior to C on April 26, 2007 (hereinafter “land after subdivision”) and one square meters prior to F.

On the other hand, on December 11, 2000, the land category was changed to a road. On January 28, 2003, D road was divided into 19 square meters and K road 145 square meters.

B. On May 30, 198, the Plaintiff and his birth G completed each registration of ownership transfer on May 27, 198 with respect to one-half of each of the lands before subdivisions.

C. H completed the registration of ownership transfer based on sale on May 20, 1998, with respect to the share of 82/821 of the Plaintiff and G among the share of 410.5 shares of May 20, 1998 between the Plaintiff and G, respectively. < Amended by Presidential Decree No. 15029, May 20, 1998>

On October 8, 1998, the defendant completed the registration of ownership transfer made on October 2, 1998 with respect to the portion of H 164/821 out of the land before subdivision.

E. On September 13, 2002, the Plaintiff completed the registration of ownership transfer based on sale on September 13, 2002, with respect to G 657/1642 of G out of 657 square meters prior to C prior to C.

F. On July 1, 2008, Sungnam-si completed each registration of ownership transfer on the ground of the acquisition of a public site on February 12, 2009, with respect to the area of 19 square meters and 145 square meters for D roads and K roads.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, 2, and Eul's 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On May 6, 1997, the Plaintiff and G entered into a sales contract with I to specify and sell 164 square meters of land, the part necessary for expanding the adjacent road, among the land before subdivision, to I, and completed the registration of ownership transfer with respect to 82/1 of each of the above land in H’s name designated by I.

Accordingly, the plaintiff, G and H are in a divided sharing relationship with respect to the above land.