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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendants are co-owners of 23,787m2 (hereinafter “instant forest”).
Defendant E had a share of 1,80/8,100 of the instant forest land. On March 16, 2010, Defendant E specified the portion of KRW 4,960 square meters in the instant forest land (hereinafter “the instant trade part”) and sold KRW 30,00,00,00 along with the Plaintiff’s share of KRW 1,689/8,100,00 corresponding to the said trade area among the said shares. On March 17, 2010, Defendant E had completed the share transfer registration under the Daegu District Court’s Cheong-gu District Court’s Do Office, 3565 received on March 17, 2010.
Co-ownership of the Defendants’ co-ownership on the forest of this case is as indicated in attached Form 2 as of the date of closing of argument in this case.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), witness S's testimony, the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The Plaintiff’s assertion 1) The part of the sales of this case is part of the part exclusively occupied and managed by Defendant E in accordance with the implied agreement with other co-owners. As to this part, the mutual title trust relationship was established between the Defendants under the sectionally owned co-ownership relationship. The Plaintiff purchased the sales part of this case from Defendant E, which is in the sectionally owned co-ownership relationship, and thus, the said sectionally owned co-ownership and mutual title trust relationship is deemed succeeded to the Plaintiff. Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of mutual title trust termination with respect to the Defendants’ co-ownership of the instant sales part among the forest land in this case. 2) Defendant E and Defendant F’s assertion did not trade the Plaintiff by specifying the instant sales part.
And the sales of this case.