logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.30 2016가단510453
공유물분할
Text

1. Of the land size of 8,709 square meters for the Plaintiff, each point is indicated in attached Form 1 Map No. 8, 16, 15, 14, 9, and 8.

Reasons

1. Facts of recognition;

A. On August 1, 200, the Plaintiff completed the registration of transfer of shares on July 27, 2000 as to the portion of 790/9,011 shares in Suwon-si E Forest Land, G prior to partition, and as to the portion of 8,221/9,01 shares in Defendant B, Defendant B completed the registration of transfer on July 27, 200 due to partition of common property.

B. On October 19, 2001, Defendant B completed the share transfer registration made on May 20, 200 to F with respect to the share of 330.58/9,01 of the above land before the said partition, and F completed the share transfer registration made on December 20, 201 to Defendant D on December 20, 201.

C. On March 21, 2012, Defendant B completed the transfer registration on March 9, 2012 with respect to the share of 990/9,01 of the land before the said subdivision to Defendant C. D.

On April 9, 2014, Defendant C completed the registration of transfer of shares on April 4, 2014 with respect to the portion of 40/9,01 of the land before the said partition to the Plaintiff.

E. On August 24, 2016, the said land prior to the subdivision was divided into 8,709 square meters of forests and fields E (hereinafter “instant land”) and 302 square meters of G forest and fields.

[Ground of recognition] Defendant B and C: Statement on Evidence A No. 8, as a whole, Defendant D: deemed confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. The co-ownership relationship between sectional ownership and sectional ownership is legally established only when there exists an agreement for specifying the location and area of a parcel of land and for many persons to divide ownership. In a case where a specific sale and purchase of part of a parcel of land and a registration therefor was completed in the establishment of a sectional ownership co-ownership relationship, a mutual title trust agreement for each sectional ownership can be deemed to exist (see, e.g., Supreme Court Decision 2008Da44313, Mar. 26, 2009). Such sectional ownership co-ownership relationship can be established by an implied agreement.

(See Supreme Court Decision 95Da7437 delivered on July 14, 1995, etc.). B.

The above facts of recognition and the number of evidence Nos. 2 through 8 shall be the number.

arrow