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(영문) 대구지방법원 2016.09.08 2015나308242

공유물분할

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) At the end of the 1950s, the Defendant church owned by Nonparty E at the time of the late 1950s (hereinafter “instant real estate”). The Defendant church is 458 square meters (hereinafter “instant real estate”).

(2) Plaintiff A was established on the ground and is located on the ground of this case until the date of the closing of argument in this case, and Plaintiff B and Nonparty F are the grandchildren of Plaintiff B and Nonparty F, and Plaintiff A’s children.

B. On August 29, 1981, the change in the ownership transfer registration of the instant real estate was made pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of the instant real estate (Act No. 3094) on August 29, 1981. (2) On May 7, 2009, the Plaintiff A and Nonparty F filed a partial registration of ownership transfer with the Daegu District Court No. 6187, the receipt of the registration office of the Daegu District Court on May 7, 2009 with respect to each of the instant real estate, with respect to each of the instant 150/458 shares, as the grounds for registration.

3) On August 22, 2014, Plaintiff B filed for registration of the entire share transfer on August 21, 2014 with respect to the portion of 150/458, which was 150/458 shares in the instant real estate, which was 150/458 shares in the future F, as the receipt of the registration office of the Yecheon District Court (Seoul District Court) from No. 10237 to August 21, 2014. Accordingly, as of the date of closing argument in the current trial, Plaintiff B filed for registration of the entire share transfer on August 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs, as co-owners of the instant real estate, seek to divide the instant real estate as stated in the purport of the claim.

B. The Defendant, without a legitimate general meeting resolution as to the disposal of the property, filed a registration of partial transfer of ownership in the name of Plaintiff A and Nonparty F, and the registration in the name of Plaintiff B based on the registration in the name of Plaintiff A and the registration in the name of Nonparty F.