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(영문) 대구지방법원 2015.12.03 2015나305618

소유권이전등기

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is that the part concerning "3. Judgment" from 3.0 to 4.5 of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the part concerning "3. Judgment" is used as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【In the so-called sectional co-ownership relationship, where two or more persons agree to specify the location and size of one parcel of land and register it as co-ownership of the sectional owners, the so-called sectionally owned co-ownership relationship, the purpose of co-ownership indicating the sectionally owned co-ownership relationship for the specific part of one parcel of land is to be established, and the sectionally owned co-ownership relationship is divided into independent lots for each specific part of the sectional ownership, and even if the sectionally owned co-ownership relationship is terminated due to mutual transfer of ownership between sectional owners, the said sectionally owned co-ownership relationship remains in all divided lands according to the percentage of the previous sectionally owned co-ownership shares, and it is not naturally concentrated on the land which is naturally divided by the person who has created the right to collateral security (see Supreme Court Decision 2012Da25944, Jun. 26, 2014). This legal doctrine is the same not only in the registration of provisional registration

With respect to the instant case, the Plaintiff and E divide the Plaintiff’s name with respect to the portion of 14760/15360 of the forest land that was divided, and the remaining 600/15360 of the forest land was divided into two parcels of the instant forest land and F forest land under the Plaintiff’s name, and the remaining 600/15360 of the forest land was registered under the title of E before division. As seen earlier, the instant provisional registration and the instant attachment registration have been completed with respect to the whole or part of the shares owned by E, among the forest land before division, the instant forest land and F forest are divided into two parcels of the instant forest and F forest.