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(영문) 대전지방법원 2019.05.15 2016가단225312

공유물분할

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1. The remainder of the Defendants except the Defendant Republic of Korea shall be assessed against the Plaintiff, and the Plaintiff shall also be assessed against the Plaintiff in attached Form 598 square meters in Daejeon Dong-gu.

Reasons

1. Basic facts

A. With respect to the Dong-gu Daejeon Special Metropolitan City Liquefied 598 square meters (hereinafter “instant land”), the attached Table [Attachment 1], including the Plaintiff and the Defendants, is currently attached.

B. The same Table will be given to the holders described in the subsection.

A co-ownership registration is made as described in the paragraph.

B. The share of the instant land was transferred to the current nominal owner due to sale, donation, auction, inheritance, etc.

On the other hand, the Plaintiff’s share was transferred from Defendant Republic of Korea to the Plaintiff through a variety of sales processes.

C. Of the instant land, the Plaintiff occupies a part of 208 square meters in the ship, which connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 in sequence, among the land of this case.

(2) The Defendant Republic of Korea: (a) The Plaintiff’s occupied part is deemed as having been admitted to the Plaintiff’s possession; (b) the Defendant Republic of Korea: Each entry in the evidence Nos. 1 and 2; (c) the result of the survey and appraisal by the appraiser M; and (d) the purport of the entire pleadings; and (c) the remaining Defendants except the Defendant Republic of Korea (hereinafter “Bus Defendants”): Confession (Article 150(3

2. Request for registration of transfer of ownership due to termination of a mutual title trust;

A. The Plaintiff’s assertion 1) Defendant Republic of Korea did not specify the location and size of the instant land to the residents, and completed the registration of ownership transfer as a co-ownership share with respect to the entire land on convenience without allowing the registration of ownership transfer by dividing the instant land into each owner. The Plaintiff completed the registration of shares again to the subsequent buyers. 2) The Plaintiff divided ownership by specifying the size of 208 square meters inside the instant land among the instant land, and the Plaintiff and the Defendants are in a mutual title trust relationship with regard to the said part.

3) On September 28, 2018, the Plaintiff terminated a mutual title trust relationship with the Defendants by serving a duplicate of the application form for modification of the purport of the claim and the cause of the claim on the Defendants. The Defendants are attached Table 1B.

The co-ownership of shares in the subsection is based on the termination of mutual title trust.