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(영문) 대구지방법원김천지원 2016.07.06 2016가단2082

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Of 380 square meters (hereinafter “instant land”), 205/380 shares out of Kimcheon-si, Kimcheon-si, the registration of ownership transfer was completed in the name of the Plaintiff, and the remaining 175/380 shares in the name of the Defendant.

B. The Plaintiff and the Defendant are passing through a golf practice range owned by the Plaintiff and the Defendant’s traditional field through the instant land.

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 4 to 6, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On April 20, 1997, the Plaintiff asserted that the Plaintiff purchased the instant land by specifying the size of 205 square meters in the part (A) of the instant land (hereinafter “instant land portion”) that connects each point of the attached Form 3, 4, 5, 6, 7, 8, and 3 among the instant land from D, the former owner of the instant land, in sequence.

Therefore, the land of this case is currently registered in the name of the plaintiff and the defendant for convenience, and as between the plaintiff and the defendant who acquired a part of the land of this case from the plaintiff and the defendant who acquired it before the previous transfer, each party divided a specific part and mutually nominal trust as to each sectional ownership.

Therefore, the Plaintiff terminated the title trust on the part of the instant land by serving a duplicate of the instant complaint. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to the shares of 175/380, the Defendant’s shares among the instant land portion.

B. Determination 1 sectionally owned co-ownership relationship is legally established only when an agreement is made to specify the location and size of a parcel of land and to allocate co-ownership by many people. Even in cases where co-owners agreed to divide the co-ownership from that time to that time, and each owner occupied and used the sectional ownership, the sectionally owned co-ownership relationship may be established. However, in cases where co-owners did not reach an agreement to exclusively vest a specific part among them, if the co-owners did not agree.