공유물분할
1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and all of the claims filed by the plaintiff (Counterclaim defendant) are dismissed.
2.
The plaintiff filed a partition of co-owned property against the defendants as the principal lawsuit, and the defendants asserted a sectional co-ownership relationship as a counterclaim and filed a claim against the plaintiff for implementation of the procedure for transfer registration of share based on the cancellation of each title trust with respect to the part owned by the defendants, respectively.
The first instance court accepted the plaintiff's main claim and dismissed all the defendants' counterclaims.
As to this, the Defendants appealed against both the principal lawsuit and the counterclaim, and Defendant B voluntarily withdraws an appeal against the counterclaim, and thereby reducing the scope of appeal in the appellate court to the part of the principal lawsuit. Accordingly, the subject of adjudication in this court is the Plaintiff’s principal lawsuit and Defendant C’s counterclaim claim.
2. Basic facts
A. The Defendants’ acquisition of the instant real estate ownership 1) The Busan Jin-gu Busan Special Metropolitan City 2,777 square meters of forest land (the area was corrected to 2,502 square meters on November 15, 2017, and the real estate was corrected to 2,502 square meters; hereinafter “instant real estate”).
) The J owned I. On September 24, 1962, part of the instant real estate owned by I, the J completed the registration of preservation of ownership as to 11:3 Hobbe, 11:3,000 on the ground surface of the instant house, Y completed the registration of ownership transfer as to the instant house on April 26, 1963. K completed the registration of ownership transfer as to the instant house on the same day, and completed the registration of ownership preservation as to 5:5,000,000,000,000,000 on the ground of some of the instant real estate on the same day (hereinafter referred to as the “instant building”).
2) On May 21, 1965, E purchased the instant building from K and completed the registration of ownership transfer.
E on January 7, 1976, a specific site on which the instant building is located among the instant real estate (hereinafter “instant building site”) was surveyed as 476m2, and E purchased 144/840 shares of the instant real estate from I on June 27, 197, and completed the registration of ownership transfer for the said shares.
was made at the time of the above survey.