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(영문) 대전지방법원논산지원 2015.05.07 2014가단2825

공유물분할

Text

1. The Defendants indicated in the attached Form No. 1-79, 93, 94, 81-8, 100-102, 89-92, among G forest land of 126,843 square meters in Seosan-si.

Reasons

1. On April 10, 1992, the Plaintiff: (a) purchased the part of item (a) in the ship connecting each point in the attached Form No. 1-79, 93, 94, 81-8, 100-102, 89-92, and 1, from H on the part of 125,620 square meters of land purchased by the Plaintiff on the part of the entire forest of this case for convenience, and agreed to complete the registration of co-ownership share equivalent to the area purchased by the Plaintiff on the part of the entire forest of this case.

According to the above sales contract on April 13, 1992, the Plaintiff completed the registration of ownership transfer with respect to the portion of 125620/126843 out of the forest of this case. Accordingly, the relationship between the Plaintiff and H with respect to the forest of this case was established.

After that, H died on July 13, 2003, and there was the Defendants as their inheritor.

However, the Plaintiff’s final delivery of a copy of the claim and the cause of the claim as of April 6, 2015, thereby terminating mutual title trust between the Plaintiff and the Defendants. As such, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of the final delivery of the copy of the claim and the cause of the claim as of April 6, 2015 with respect to shares (i.e., shares 1223/761058 out of the part 125,620 square meters in the instant forest owned by the Plaintiff (i.e., 1223/126843 x 1/6).

2. Grounds;

(a) Defendant A, B, C, E, and F: Judgment based on the deemed confession (Article 3 (2) 2 of the Civil Procedure Act);

(b) Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);