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(영문) 의정부지방법원 2015.08.21 2014가단45225

소유권이전등기

Text

1. The defendant shall give order to the plaintiff each point of indication 1, 2, 3, 4, 8, 9, and 1 of the annexed drawings among the lands listed in the annexed list.

Reasons

1. Facts of recognition;

A. On May 27, 2003, the Plaintiff purchased from the Defendant a portion of 1,2,3,4,4,8,9, and 1 of the attached Form No. 1 (hereinafter “instant portion”) in the purchase price of KRW 660,00,00 from the Defendant’s land indicated in the attached Table No. 1,2, 3, 4, 8, 9, and 1, which are owned by the Defendant.

B. The Plaintiff completed the registration of ownership transfer with respect to 660/680 shares of the instant land based on the above sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The registration is to be deemed to have been made in mutual title trust in a case where multiple persons agreed to own a part of a single parcel of land separately and specifically, and only the registration is to be made in a case where the number of co-ownership shares corresponding to the area of each sectional ownership is registered for convenience (see, e.g., Supreme Court Decision 86Da59, 86Meu307, Aug. 23, 198). In a case where part of a single parcel of land has been transferred by specifying and taking advantage of convenience and a co-ownership registration is completed for convenience, the registration is valid as a trustee under mutual title trust (see, e.g., Supreme Court Decision 95Da40939, Oct. 25, 196). In a mutual title trust relationship or sectionally owned co-ownership relationship, a person who partitioned ownership of a specific part of land against the person holding share registration for that part may seek the implementation of share transfer registration procedure due to termination of title trust for that part.

(See Supreme Court Decision 2006Da84171 Decided May 27, 2010). The Plaintiff and the Defendant, among the instant land, shall specify the portion of “A” among the instant land, and the Defendant, in sequence, connected each point of 4,5,6, 7, 8, and 4 among the instant land, and divided ownership by specifying 20 square meters in the ship, but only completed the registration of co-ownership corresponding to the area of each divided ownership as to the instant land for convenience.