소유권이전등기
1. The Defendant agreed on May 18, 2015 with respect to the Plaintiff’s share of 3232/43472 out of 11140 square meters of forest land in Kimhae-si.
1. Facts of recognition;
A. On April 26, 2011, among D Forest No. 43472 square meters (hereinafter “forest land before division”), the Plaintiff completed the registration of transfer of shares based on the sale on April 23, 2011 with respect to the share of 11140/43472, and with respect to the share of 3232/43472 shares, the Defendant completed the registration of transfer on April 23, 201.
B. In around 2013, the Plaintiff and the Defendant filed an application with the Mayor for subdivision of D forest land of 3232 square meters (hereinafter “D forest”) and 1140 square meters (hereinafter “instant forest”) of D forest land in Kim Sea-si, Kimhae-si, in which the Plaintiff and the Defendant received notification of partition permission from the Kim Sea Market around July 2013.
C. On May 18, 2015, the Plaintiff and the Defendant filed an application for land alteration on the grounds of permission for land division of forest land before subdivision with the Kimhae City Mayor.
On May 19, 2015, the forest before subdivision was divided into D forest and the forest of this case. At present, the Plaintiff owns shares 11140/43472, and the Defendant owns shares 3232/43472.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5 (including virtual numbers), fact-finding results of this court's fact-finding on Kimhae market, the purport of the whole pleadings
2. Main claim;
A. The Plaintiff’s assertion and the Defendant purchased the forest land before subdivision around April 201, and purchased the forest land before subdivision, the Plaintiff and the Defendant had a mutual title trust relationship by completing the registration of ownership transfer with respect to the forest land in this case as the Plaintiff’s co-ownership shares. However, since the mutual title trust agreement on the instant forest was terminated through the delivery of a duplicate of the instant complaint, the Defendant is obligated to implement the procedures for share transfer registration on the ground of the termination of title trust as of May 19, 2015 with respect to the share of 3232/43472 out of the instant forest.
B. The judgment-based co-ownership relationship is legally established only when there is an agreement for specifying the location and area of a parcel of land and for many people to divide the co-ownership. The co-owners agreed to divide the co-ownership and their respective co-owners from that time.