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(영문) 대전지방법원천안지원 2016.07.14 2015가단15609

부동산소유권이전등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 9, 1995, the area of 2,450 square meters prior to Dong-gu, Chungcheongnam-gu (hereinafter “Before subdivision”) was divided into 1,469 square meters prior to D on October 9, 1995 (hereinafter “instant land”) and 981 square meters prior to E (hereinafter “E land”).

B. At present, the registration of ownership transfer was completed in the name of F for each one-half of the instant land and E, and for the remaining one-half of shares, in the name of the Plaintiff.

C. Meanwhile, following the death of F, the Defendants inherited one-half shares of the instant land and E, respectively.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 4, and 16 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On September 14, 1995, the Plaintiff’s assertion F purchased G land from H on September 14, 1995, and specified the part of the land adjacent to the said G land among the land before subdivision, and H divided the land before subdivision into the instant land and E land before subdivision on October 9, 1995, and sold the instant land to the Plaintiff on October 21, 1995.

Nevertheless, F completed the registration of ownership transfer for one-half portion of the land before subdivision on September 30, 1995, based on sale and purchase as of September 14, 1995, and thereafter the land before subdivision was divided into the land E-land of this case, as of September 14, 1995, F was currently registered under the name of F and the land E in the name of the Plaintiff. As to the land before subdivision between F and H, a sectional co-ownership relationship was established between F and H with regard to the land before subdivision. There was a mutual title trust relationship between H and the Defendants, who purchased the land of this case by specifying the part of the land before subdivision from H, as to each of the land before subdivision.

Therefore, in order to resolve the above sectional co-ownership relationship, the Plaintiff terminated the above title trust by serving a duplicate of the complaint of this case. Thus, the Defendants among the land of this case are the Defendants.