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1. The Defendants are each of their respective shares indicated in the separate sheet of equity in the annexed sheet among the 754m2 of the Z cemetery in Busan Metropolitan City.
Reasons
1. Facts of recognition;
A. The Defendant Shyeong-si Co., Ltd. (hereinafter “Defendant Shyeong-do”) divided part of the AA cemetery 11,587 square meters (hereinafter “the land before division”) in the manner of specifying the location and area prior to the division, and sold it to the Defendants other than Defendant Shyeong-do (hereinafter “Shyeong-si”) and the Plaintiff. The registration of ownership transfer was completed with respect to the portion corresponding to the area purchased by the Plaintiff and the remaining Defendants among the land before division to the Plaintiff and the remaining Defendants.
B. Accordingly, for the Plaintiff with respect to the portion of 754/11587 out of the land before subdivision, the ownership transfer registration for the remaining portion of the land before subdivision was completed to each of the Defendants as stated in the separate shares column.
C. Subsequent to the subdivision, the land before the subdivision was divided into 754 square meters of the Z cemetery in Busan Metropolitan City, 3310 square meters of the AB cemetery, 1013 square meters of the AC cemetery, 992 square meters of the AD cemetery, and 3472 square meters of the AE cemetery. The part of the land purchased by the Plaintiff among them is 754 square meters of the said Z cemetery (hereinafter “instant land”).
The Plaintiff’s intent stated in the instant complaint that “the title trust agreement on the instant land is terminated on the date of final delivery of the duplicate of the instant complaint,” and the duplicate of the instant complaint was finally served on the Defendants on February 27, 2018.
【Ground of recognition】 Facts without dispute, entries in Gap’s evidence 1 through 4 (including additional number), and the purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff and the Defendants revealed that there was a mutual title trust relationship with respect to the land before the division.
However, since the part of the land owned by the Plaintiff is divided into the land of this case, and the Plaintiff delivered a copy of the complaint of this case to the Defendants, and the title trust on the land of this case was terminated, the Defendants are attached to the Plaintiff.