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(영문) 대구지방법원의성지원 2016.05.04 2014가단1067
소유권이전등기
Text

1. The Defendants are each indicated in the attached Form No. 1 through No. 25, 58, 59, and 1 among the land size of 149,950 square meters for the Plaintiff, Gyeongbuk-gun, Gyeongbuk-gun.

Reasons

1. Facts of recognition;

A. The instant land was owned by M et al., and the N purchased half of them separately and specifically, and completed the registration of ownership transfer with respect to 1/2 shares, not by subdivisions, for convenience on January 23, 1929.

B. When purchasing from N the instant land with a specific size of 37,189 square meters in the inside of the instant land indicated in paragraph (1) of this Article, O completed the registration of ownership transfer for 375/1512 shares for convenience on August 6, 1971. After that, P’s name on September 4, 1980 and each registration of ownership transfer in the Plaintiff’s name on June 17, 199 was completed.

C. As to the shares of 375/1512 out of the present land in this case, the Plaintiff’s name, as to the shares of 3/1512 shares, and as to the shares of 378/1512 shares, the registration of transfer of each share in the name of the Defendant B, Defendant D, and C was completed.

On the other hand, the N died on February 7, 1995, and the heir, each of the shares of Defendant E, F, G, and K 1/5, the shares of Defendant H 3/35, the shares of Defendant I, and the shares of 2/35, each of them inherited or inherited by representation.

[Reasons for Recognition] Defendant C: The absence of dispute, entry of Gap evidence 1 through 5, the purport of the entire pleadings, and the remainder of the defendants: deemed confession by absence (Article 150(3) of the Civil Procedure Act)

2. According to the above findings of determination, the co-ownership relationship between the Plaintiff and the Defendants relating to the instant land is sectionally co-ownership relationship. As to the Plaintiff’s total share 1137/1512 of the Defendants’ portion as to the part of paragraph (1) of the Disposition No. 1 of this case owned by the Plaintiff, the title trust was terminated as the delivery of the instant complaint to the Plaintiff, the Defendants are obligated to implement each of the registration procedures for ownership transfer on March 20, 2015, which is the last delivery date of the instant complaint to the said part of paragraph (a).

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's primary claim is reasonable.

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