공유물분할
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 31, 1979, the Defendant completed the registration of initial ownership relating to the instant land. On June 8, 1983, the Defendant sold 4298 shares (hereinafter “instant shares”) out of the instant land to E.
Since then, the instant shares are transferred to the Plaintiff via F, G, and H on March 28, 2012, and the Plaintiff completed the registration of ownership transfer on May 2, 2012.
B. From the time when the Defendant acquired the ownership of the instant land, there exists a mother-friendly graveyard of the Defendant (hereinafter “instant graveyard”) on the part A, 198 square meters in order to connect each point of the attached Form No. 12, 13, 14, 7, 15, and 12, each point of which is indicated in the attached Form No. 12, 13,
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6 and the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion and the defendant are co-owners of the land of this case, and there is no special agreement on prohibition of partition, and there is a big difference between the plaintiff and the defendant as to the method of partition, and they seek auction of the land of this case to divide the price thereof.
B. Determination 1) In a case where a part of a parcel of land is assigned by specifying it and a co-ownership registration has been made on the whole part for convenience, the registration of a trustee under mutual title trust is valid, and if the specific part is transferred by whole, and accordingly the co-ownership registration has been completed, the title trust relation between the first transferor and the last transferee of the specific part is established by transferring the status of mutual title trust (see, e.g., Supreme Court Decision 88Da14366, Jun. 26, 190). A person who sectional ownership of the specific part of land in mutual title trust relation or sectionally owned co-ownership relation can seek implementation of share transfer registration procedure based on the termination of title trust for that part against the person who has a share registration on the part.