소유권이전등기
2015Na305618 Registration of transfer of ownership
A
1. B
2. C.
3. Korea;
Daegu District Court Decision 2014Da14907 Decided July 17, 2015
November 5, 2015
December 3, 2015
1. All of the Plaintiff’s appeal is dismissed. 2. Costs of appeal are assessed against the Plaintiff.
The judgment of the first instance is revoked. The judgment of the Plaintiff is revoked. As to the portion of 400/15360 out of 60/15360 of the shares of 600/15360 of the shares of 3290 m3290 m3290 m, Defendant B and C performed the procedure for registration of cancellation of the provisional registration of the right to claim ownership transfer, which was completed under No. 4426 of the receipt on March 9, 2007, and the Defendant Republic of Korea performed the procedure for registration of cancellation of the seizure registration completed under No. 19025 with respect to the share of 60/15360 of the total of 3290 m3290 square meters of D forest land in Gyeong-do, Gyeong-do, Gyeong-do.
1. Quotation of judgment of the first instance;
The reasoning for this court's explanation concerning this case is as follows, except for the part of "3. judgment" from 3th to 4th 5th 16th 16th 3th 4th 5th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 600 6th 6th 6
In the so-called sectional co-ownership relationship where at least two persons agree to specify the location and size of one parcel of land and they register as co-ownership of the sectional owners, the so-called sectionally owned co-ownership relationship where two or more persons agree to co-ownership, the right to collateral security exists in all divided lands according to the percentage of the previous sectionally owned co-ownership shares, even if the sectionally owned co-ownership relationship is terminated due to the establishment of the right to collateral security aimed at co-ownership indicating the sectionally owned co-ownership relationship for the specific part of one parcel of land, and then divided into separate lots of land for each specific part of the sectionally owned ownership, and further, the right to collateral security remains in all divided lands according to the ratio of the previous sectionally owned co-ownership shares. (See Supreme Court Decision 2012Da25944, Jun. 26, 2014). The same legal doctrine applies not only to the registration of provisional
It seems that it is "..."
As to the instant case, the Plaintiff and E share 14760/15360 of forest land before division
In the Plaintiff’s name, the remaining 600/15360 shares of the Plaintiff completed the registration of ownership transfer under the name of E with respect to the remaining 600/15360 shares, and the provisional registration of this case and the seizure registration of this case were completed with respect to all or part of the shares of E owned shares of 600/15360 shares of the forest before the division. Since the Plaintiff and E divide the forest before the division into two parcels of the forest of this case and F forest, the above facts are seen as follows. In light of the above legal principles, even if the co-ownership relationship is terminated due to the transfer of shares between the Plaintiff and E, it is reasonable to view the provisional registration of this case and the seizure registration of this case to continue to exist on the whole of the forest of this case divided according to the ratio of the previous co-ownership share of the co-ownership, as alleged by the Plaintiff
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and all appeals by the plaintiff are dismissed as it is without merit. It is so decided as per Disposition.
Justices of the presiding judge;
Judges or private citizens;
Judges Kang Tae-ho