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(영문) 창원지방법원거창지원 2020.05.12 2018가단11096
소유권이전등기
Text

1. The Defendants each of the annexed drawings 1 to 6, 18 through 21, and 1 among the annexed drawings of 1,79m2, Jancheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

Facts of recognition

A. The Plaintiff and K own each specific part of 1,799 square meters in Jancheon-gun, Gyeongcheon-gun (hereinafter “instant land”). The Plaintiff and K have completed the registration of co-ownership in proportion to the area of divided ownership as to the entire land.

Of the instant land, 411.5/623 shares in the name of the Plaintiff, and 211.5/623 shares in the name of K respectively.

B. Of the instant land, the part 1,188 square meters in part 1,188 square meters (hereinafter “the part owned by the Plaintiff”) connected in order to each point of Annex 1 through Annex 6, 18, 21, and 1 among the instant land is owned by the Plaintiff. Of the instant land, the part owned by K in part 6 through 18, and 61 square meters in part 61 square meters in the ship connected in order to each point of Annex 1 among the instant land.

C. K died on July 24, 199. The deceased on July 24, 199, and the deceased's heir of the network K had N, F, and G, who is the spouse of H, I, B, C, D, E, and D [the spouse and children of K deceased in preference to K [the spouse and children of K deceased in April 26, 1974].

L died on March 15, 2002, and N died on October 4, 2019.

Ultimately, the inheritance relationship as of the date of the closing of the instant argument with respect to the net K shares among the instant land is recorded in the attached Table 2’s inheritance shares.

[Ground for recognition] In a case where multiple persons to determine the cause of action without dispute separately decide to own a part of a single parcel of land, and only the registration is made for convenience by registering the number of co-ownership shares equivalent to the area of each sectional ownership, the registration of the part other than the specific part shall be deemed as mutual title trust.

(see, e.g., Supreme Court Decision 86Da59, 86Meu307, Aug. 23, 198). In light of the aforementioned legal principles, the share of the Plaintiff and the deceased K in this case’s land (Plaintiff 411.5/623 shares, network K21.5/623 shares) is the same as the share of the Plaintiff out of the total area of the instant land and the part owned by the network K.

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