If the co-owned real estate is registered as the sole ownership of one co-owner, the transfer method of ownership as to the shares of the other co-owner.

Where a co-owned real estate is registered as a sole ownership of one co-owner, if another co-owner exercises a real right right claim due to his/her share in order to register the ownership of such share in order to register the ownership of such share, it is reasonable to accept the registration of the co-owned real estate as a joint ownership registration in proportion to such share, and it is not possible to seek the cancellation of such registration.

Articles 262 and 264 of the Civil Act

Plaintiff 1 and four others

Defendant

Gwangju District Court (4294 Civil Code184)

The original judgment is reversed, and this case is remanded to the Gwangju District Court.

The grounds of appeal by the defendant's attorney are as shown in the attached Form.

The second and fifth points are examined. The facts that the defendant's transfer registration is being made with respect to the 331-3 forest land located in Gwangju-dong 331-dong 331-dong 337 forest land located in Gwangju-dong 331-dong 331 are without dispute between the parties. Thus, the plaintiff et al. is presumed to be the defendant's ownership. The plaintiff et al.'s claim that the 331-3 forest land located in 331-3 forest land in 331-6 forest land in 331-7 forest land and 331-4 forest land in 331-4 forest land in 331-7 forest land and 331-4 forest land in 331-6 forest land and 331-3 forest land in this case before such forest land is divided into the 331-3 forest land and 331-4 forest land before it is divided into 331-7 forest land and the non-party's claim that the plaintiff's transfer registration should not be accepted the plaintiff's claim.

The following points are considered to be 4 points. If a co-owned real estate is registered as a sole owner of one co-owner, it is reasonable that another co-owner exercises a real right claim arising from his share in order to register the ownership of such share in order to register the ownership of such share, it is reasonable to accept such a claim as a registration of the co-ownership in proportion to such share, and it is not possible to seek the cancellation of such registration of the sole ownership acquisition.

According to the facts established by the original judgment, the 331-3-3-3-1-3-3-1-3-3-1-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-3-4 shares were transferred by the plaintiff et al., and the defendant, despite the plaintiff et al.'s ownership transfer registration, did not cause the plaintiff et al.'s sole ownership transfer registration. If the registration of the plaintiff et al. was cancelled, the non-party's share transfer registration was returned to the co-ownership of the non-party's shares. Thus, if the non-party's share transfer registration was made by the non-party et al., then the plaintiff et al.'s share transfer registration could not be deemed null and void as it accords with the defendant's share transfer registration within the extent of the defendant's share.

As above, the appeal in this case is with merit, and therefore, the judgment of the court below is reversed, and the judgment is delivered as per Disposition by applying Article 406 of the Civil Procedure Act to re-examine the case.

Judges Lee Il-il (Presiding Judge) (Presiding Judge) and Lee Dong-Jin