beta
(영문) 대구지방법원김천지원 2016.01.28 2014가단11310

건물철거 및 대지인도

Text

1. The Defendant, among the land size of 166 square meters in the Gu-si, Si-si, Gu-si, connecting the Plaintiff with the attached Form 10, 9, 8, 7, 6, 11, and 10.

Reasons

1. Facts of recognition;

A. On September 13, 2005, the division of the partition of co-owned land D in the Gu and the partition of co-owned property D 620 square meters in the Gu-Si, Gu-Si, Gu-si divided into the “land before the division” and “E large 16 square meters.” As to the land before the division of this case, the Plaintiff divided into 53/198 shares, Defendant 68.7/198 shares, F 35/198 shares, and D 41.3/198 shares, respectively, and shared only the registered names.

1. As to the above land E and the land before the instant partition, which are registered as co-ownership between the Plaintiff, the Defendant, the F, and G, the share owned as follows.

Part owned by the Defendant (D) ① 16 square meters in the part owned by the Defendant (199 square meters in sequence) in the ship connected each point of 1,2,3,4,4,13,14, and 1 attached reference in the attached Form 1, 2, 3, 13, 14, among 604 square meters in the Gu, Si, Gu,

(b) A ship (H substitute) connected in sequence of the points of 6,7,8,16, 15, and 6 in attached reference, referring to attached Table 6, 7, 8, 16, 15, and 6, among the area owned by the F, Gu, Si, Gu, and Gu;

C. Among the area owned by the Plaintiff, referring to attached 4, 5, 6, 15, 12, 13, and 4, the part owned by the Plaintiff (C large 166 square meters) is connected in sequence.

(d) Attached reference 15, 16, 8, 9, 10, 11, 12, and 15 shall also apply to the G-owned part of the Gu, Si, Gu, Si, Gu, and Gu, in sequence, 129 square meters;

2.(a)

The defendant is entitled to the above 1-A

F Of the real property listed in the subsection, F shall be 35/198 shares, the Plaintiff 53/198 shares, and G shall be 41.3/198 shares:

(b) 1.-B above to F.

Of the real property stated in paragraph 68.7/198 shares in the defendant, 53/198 shares in the plaintiff, and 41.3/198 shares in G.

C. The plaintiff, the above 1-C

Of the real property stated in paragraph 68.7/198 shares by the defendant, F shall have 35/198 shares by the defendant, and G shall have 41.3/198 shares by the defendant.

(d) to G, the above paragraph 1-D.

Of the real estate mentioned in the subsection, the Defendant’s share in 68.7/198, FF’s share in 35/198, and the Plaintiff’s share in 53/198 shares in each of the instant real estate shall implement the registration procedure for transfer of ownership due to the termination of a mutual title trust on June 19, 208.

Accordingly, the Defendant and F, against the Plaintiff and G, terminate the mutual title trust relationship with respect to the land before the instant division.