If the share of one of the co-owners is more larger than the previous one at the time of the registration of partition of the co-owners' land (negative)

Where the land registered by several co-owners is divided, if the co-ownership relationship of the previous land is not transcribed as is on the register of the previous land, and if the shares of one of co-owners are more larger than the previous one, such entry shall be the registration of invalidation to the extent that the shares in the previous register exceed

Article 268 of the Civil Act

Constitution of Gangwon

Defendant 1 and 2 others

Cheongju District Court Decision 89Na696 delivered on July 26, 1989

The case shall be remanded to the Cheongju District Court Panel Division by destroying the original judgment.

As to ground of appeal No. 1:

According to the reasoning of the judgment of the court below, the court below acknowledged that the Cheongju District Court, Cheongju District Court No. 2317, Nov. 4, 1957, 1957, which held that the registration of ownership transfer was channeled in the future with respect to the 1/2 portion of the 1/2 portion of the 1/338-7 forest land in the Yannam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter referred to as the "the land in this case"). The registration of ownership transfer was completed in the non-party Kim Dong-dong, Kim Dong-dong, in the same receipt number as the same day of the same registry office. The land in this case was originally owned by the above Kim Dong-dong, and was divided into 10,209 of the 205-1 forest land in the same Ri, which was originally owned by the above Kim Dong-dong, and that the 10,209 portion of the above 1/209 portion of the forest land in the above division was legally presumed to be valid.

However, according to the third written argument of the court below dated July 12, 1989, the plaintiff stated a preparatory document as of June 19, 1989, and as to 10,209 of the above 10,209 of the forest land before the above division, the above 1/10 of the forest land was registered, and the above 1/10 of the 1/10 of the 1/10 of the 1/10 of the 1/10 of the 1/10 of the 1/10 of the 1/200 of the 1/200 of the 1/200 of the 1/200 of the 1/200 of the 1/10 of the 100 of the 1/10 of the 10 of the 1/10 of the 1

If the land registered with multiple co-ownership is divided, the co-ownership relation of the previous land is not transcribed as it is in the register, and if the shares of one of co-owners are more larger than the previous one, the entry of the registration can be deemed invalid registration within the extent exceeding the share ratio in the previous register. However, the original judgment rejected the plaintiff's claim of this case since there is no determination as to the above plaintiff's assertion. This is a violation of law in the omission of judgment, and it is a serious violation of law that can be recognized as significantly contrary to justice and equity unless the original judgment is reversed. Therefore, the argument on this point is justified

Therefore, the necessity of judgment on the other points is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-ju (Presiding Justice)