beta
Text
1. The defendant is the Chuncheon District Court with respect to the portion of 6287/67 of 49 square meters out of the 499 square meters of the forest land in Hongcheon-gun, Gangwon-do.
Reasons
1. Basic facts
A. Grounds for the attachment
1. to 1.
6. Each fact.
B. On August 17, 2015, the Plaintiff completed the registration of creation of each of the maximum debt amounts of KRW 300 million in the future, as against the 6287 percent (share owned by the Plaintiff) of the 6786% of the instant forest land No. 2, the Defendant specific purchased on August 17, 2015, under Article 17216, the Hongcheon District Court Registration Office of Hongcheon, Hongcheon, Inc. 60 million (the maximum debt amount of KRW 450 million in the future, and the F
[Ground of recognition] Unsatisfy, Gap's entries in Article 1-1 to 2-3, the purport of the whole pleadings
2. Determination as to the cause of action
A. The above facts and the facts that the registration of shares in forest land Nos. 1 and 2 of this case was based on a mutual title trust do not conflict between the parties, and the plaintiff served on May 22, 2017 by the complaint containing a declaration of intent to cancel the mutual title trust. The fact that the written reply of this case containing a declaration of intent to seek termination, etc. of the said mutual title trust was served on the plaintiff on June 21, 2017 is apparent in the record. Thus, the defendant is obliged to implement the registration procedure for ownership transfer on the forest land No. 1 of this case to the plaintiff on May 22, 2017.
B. Meanwhile, in a case where the co-ownership relationship is resolved as asserted by both the Plaintiff and the Defendant, the obligation to transfer shares between co-ownership holders is in close relation to their performance, and each co-ownership holder is obligated to register full ownership transfer without any limit or burden, barring any special circumstance, and thus, in a case where the registration of establishment, seizure or provisional seizure is completed on the co-ownership in which the co-ownership relationship of co-ownership is indicated, the co-ownership holder as co-ownership holder should also cancel such registration and complete registration of ownership transfer.
Therefore, when the co-ownership relationship is terminated, both parties.