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(영문) 대구지방법원서부지원 2016.12.22 2016가단52313

소유권이전등기

Text

1. The Defendant points out each of the attached Form 1 through 5, 14 through 16, and 1 among the land size of 297 square meters in Daegu-gun, Daegu-gun, the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 1994, the Plaintiff completed the registration of transfer on the ground of sale on January 18, 1982 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, with respect to 128/311 square meters among the land in this case and E large scale 14 square meters (hereinafter “instant land before the instant partition”). The Plaintiff completed the registration of transfer on the ground of sale on January 18, 1982, and the Defendant completed the registration of transfer on the portion of 142/311 of the said land from F pursuant to the said Act on January 18, 1982.

B. On the same day, D, G, and the Defendant own each share of 41/93 (=41/31/31 x 1/3) of the remaining shares in the land before the instant partition from F, and the Defendant owns each share of 82/93 of the said land on January 18, 1982 by purchasing all shares of D and G on January 18, 1995 and completing the registration of ownership transfer on June 18, 2008 with respect to 82/93 of the said land. At present, the Plaintiff owned each share of 466/933 (128/3128/318/933) of the instant land, and the Defendant owns each share of 467/93(142/31142/3141/933) of the said land.

C. On February 13, 2009, 14 square meters among the land before the instant partition was expropriated in H village expansion works, and the said land was divided into Daegu-gun E-gun to Daegu-gun and the instant land. The Plaintiff and the Defendant received the compensation for expropriation according to the equity ratio.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 3, Gap evidence 6 and 7, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. In full view of the following circumstances acknowledged as the establishment of sectionally owned co-ownership relationship, each of the evidence mentioned above, and the result of the on-site verification by this court, which are acknowledged by the overall purport of pleadings as a result of the appraisal commission by the Korea Land Information Corporation, the sectionally owned co-ownership relationship between the plaintiff and the defendant regarding the instant land