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(영문) 창원지방법원진주지원 2017.07.06 2016가단32274
소유권이전등기
Text

1. The plaintiffs' primary claims are dismissed.

2. The Defendant shall draw up to the Plaintiffs a map of the size of 3,468 square meters before E in Sacheon-si.

Reasons

1. Facts of premise;

A. 1) F and G completed the registration of co-ownership of the instant real estate on August 6, 1965 with 1/2 shares, respectively. 2) Network H completed the registration of ownership transfer on March 23, 1990 as to G shares (1/2 shares) among the instant real estate on March 10, 1990.

3) On November 23, 2006, the Defendant completed the registration of transfer of ownership based on donation on January 2, 1993 with respect to F Shares (1/2 shares) among the instant real estate. B. Inheritance-related network H died on December 21, 2015, and Plaintiff A, Plaintiff B, and C, a spouse, succeeded to the relevant property. [Grounds for recognition] There is no dispute, Plaintiff 3-6 evidence (including serial numbers), the purport of the entire pleadings, and the purport of the entire pleadings.

2. Judgment as to the main claim

A. The summary of the cause of the primary claim is divided into (a) and (b) parts of the instant real estate, such as the attached appraisal drawings.

F and G completed the registration of co-ownership in the form of 1/2 shares with respect to the instant real estate, but G was divided by specifying a portion of 1,864 square meters, while F was divided by specifying a portion of 1,864 square meters, and a portion of 1,604 square meters in the instant real estate (b).

The network H, among the instant real estate, purchased the instant real estate classified by G by specifying the portion of the instant real estate (A), and only 1/2 co-ownership share registration for the entire land was completed without dividing the instant real estate, thereby establishing a mutual title trust relationship between the network H and F.

Inasmuch as the service of the application for change of purport of the instant claim and the cause of the claim terminates a mutual title trust relationship, the Defendant succeeding to F’s position is obligated to implement the registration procedure for transfer of ownership based on termination of title trust with respect to one-half portion of the portion of the instant real estate (A) to the Plaintiffs, the deceased H’

B. Determination A, Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), 6 evidence, and witness I alone, F and G partitioned ownership of the instant real estate.

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