beta
(영문) 대구지방법원 2019.10.08 2017가단129749

공유물분할

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. With respect to the shares of 8/426 square meters in Seo-gu, Daegu-gu, which was the sole ownership of M (hereinafter “instant land”), the registration of transfer of shares in the name of N on December 4, 1978 with respect to the shares of 8/426 square meters in the name of N on December 4, 1978, as to the shares of 49/124 on the same day, under the name of defendant C on the same day, under the name of the same day as to the shares of 103/426, under the name of P on the same day, under the name of P on December 2, 1978, and under the name of 45/426 shares on December 13, 1978.

M and N, Defendant C, P, and net Q owned each of their own land and adjoining land as a site. However, each of the instant land was determined by surveying the size of the part that each of the instant land was used as the site and M agreed to transfer the ownership to the owner of each of the relevant parts of the instant land. However, since the instant land was included in the cadastral non-conformity area, it was impossible to register the partition, the share transfer registration was completed in proportion to the size of the part that each of the instant land was used as the site.

(hereinafter referred to as “N, etc.” in total, including N, Defendant C,O, P, and net Q, transferred by M. (hereinafter referred to as “N, etc.”).

With respect to N’s above shares, the transfer registration of shares in the name of S Co., Ltd. (hereinafter “S”) was completed on August 31, 198 on the ground of “Sale on August 31, 1988.” The transfer registration of shares in the name of P was completed on the ground of “Sale on September 20, 198.” The transfer registration of shares in the name of P was completed on the ground of “Sale on December 24, 1979.” The transfer registration of shares in the name of R was completed on the ground of “Sale on April 15, 1986.” The transfer registration of shares in the name of S Co., Ltd. (hereinafter “S”) on May 30, 198 on the ground of “Sale on September 20, 198,” and the transfer registration of shares in the name of Plaintiff C Co., Ltd. (hereinafter “S”) on October 27, 2008 on the ground of “Sale on September 20, 2005.”