beta
(영문) 인천지방법원 2015.08.21 2013가단237439 (1)

지분권말소등기절차 이행청구의 소

Text

1. With respect to the Plaintiffs, the Nam-gu Incheon Metropolitan Government AA large of 112.1 square meters;

A. As to Defendant E’s 497/4510 shares:

B. Defendant L, M, or .

Reasons

1. The plaintiffs' claims against the remaining defendants except defendant K

A. Indication of Claim: To be indicated in the corresponding part of “the cause of main claim” in the separate sheet.

B.1) A claim against Defendant L and P: Article 208(3)3 of the Civil Procedure Act (the judgment by public notice) against the remaining Defendants: Articles 208(3)2 and 150(1) and (3) (the judgment by public notice) of the Civil Procedure Act

2. The plaintiffs' claim against defendant K

A. (1) Determination as to the primary claim of the plaintiffs 1) The protocol of subdivision under the Act on Special Cases Concerning the Partition of Co-Owned Land, Ltd. (hereinafter "Protocol of subdivision of this case") stating that the land of this case shall be owned by the plaintiffs

The decision becomes final and conclusive. Since the change in ownership due to the change in real rights under the provisions of Article 187 of the Civil Act has the effect of change in ownership even if there is no registration due to the change in real rights under the provisions of the Civil Act, the registration of transfer of ownership completed in the future of Nonparty AB with respect to the land of this case is null and void, and the registration of transfer of ownership in the name of Defendant K which was awarded the land of this case shall also be null and void. Accordingly, Defendant K has the obligation to implement the registration procedure for cancellation of transfer of ownership registered in its future with respect to the land of this case to the plaintiffs who are the owner. 2) In the litigation procedure or conciliation procedure of the partition of co-owned property, even if the agreement on co-ownership was concluded by the co-owner and entered the agreed matters in the protocol, the co-ownership relationship is immediately terminated as in the case of the partition of co-owned property, and there is no new legal relationship with each co-owner after the completion of the partition procedure as agreed upon by the co-owners.