(영문) 창원지방법원 2015.01.14 2013가단23528

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(영문) 창원지방법원 2015.01.14 2013가단23528

공유물분할

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1. Defendant C indicated in the attached Form No. 1, 2, 3, 25, 26, 27, 28, 29, among the 82,017 square meters of forest land D, Changwon-si, Changwon-si, the Plaintiff.

Reasons

1. Basic facts

A. On June 5, 1992, the Plaintiff completed the registration of ownership transfer on the ground of donation made by June 9, 1992, with respect to the portion of 3300/82017 square meters among D 82,017 square meters of the window of Changwon-si, Changwon-si (hereinafter “instant forest”).

B. On May 11, 1995, E’s ASEAN completed the registration of ownership transfer on the grounds of sale as to E’s share out of the forest land of this case, and Defendant B completed the registration of ownership transfer on the grounds of sale on May 24, 2002 from F.

C. On February 20, 2003, Defendant C completed the registration of ownership transfer due to inheritance by a division of agreement on March 30, 1995 with respect to the remaining shares of E 5882/82017 among the forest land of this case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff was donated from E, and decided to own a specific part of the forest of this case separately. However, for convenience, only the registration was completed with the registration of co-ownership shares corresponding to the area of each sectional ownership.

Such sectionally owned co-ownership relationship will be succeeded to F and Defendant C who acquired the shares of co-ownership as E's children, and it will also succeed to Defendant B who acquired the shares of co-ownership from F.

Therefore, in order to resolve the above sectional co-ownership relationship, the Plaintiff seeks implementation of the ownership transfer registration, such as the purport of the claim, due to the cancellation of mutual title trust on the date of service of the copy

3. The facts of the Plaintiff’s above assertion as to the claim against Defendant C are without dispute between the Plaintiff and the Defendant C, and the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate a mutual title trust, was served on the Defendant on September 26, 2013, is apparent in the record, and the Defendant C is obliged to perform the registration of ownership transfer as described in the Disposition No. 1

4. Defendant B

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