소유권이전등기 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for the court’s explanation regarding this case are as follows, the part of “the Defendant” in Section 2, Section 15 of the judgment of the first instance is dismissed as “the Defendant (hereinafter “Defendant C”) and the Selection Party B (hereinafter “Defendant B”)”, and the part of the judgment of the first instance except for the part of the reasoning of the judgment, which is written in accordance with the main sentence of Article 420 of the Civil Procedure Act, is cited as it is in accordance with the main sentence of Article 420 of the same Act.
【The portion to be used by each co-owner’s own shares can be freely disposed of by each co-owner. As such, even if all co-owners sell all shares owned by each co-owner to the same buyer under a single sales contract in form, a separate sales contract has been established by each co-owner’s own shares. However, it is reasonable to view that each co-owner, upon the parties’ declaration of intent, made an indivisible obligation to transfer ownership and pay payment obligations with respect to each share under the private autonomy doctrine (see Supreme Court Decision 2006Da30341, May 29, 2008). According to the above facts, since the E’s heir, I, J, and K were in a situation where it is difficult for the E’s management, removal, etc. of the E couple created in front of Lrisan and its cemetery’s funeral, and thus, there was an indivisible agreement between E and his/her heir under the agreement on division of inherited property and the residents of Lriri who donated the real property under the agreement on the division of inherited property.
2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.