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(영문) 창원지방법원마산지원 2015.07.23 2014가단15654
소유권이전등기
Text

1. The Defendants are co-owned shares of the Defendants listed in the separate sheet No. 2 as to the real estate listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer on May 17, 1985, pursuant to the Act on Special Measures for Real Estate, with respect to the share of 664/200 of the 2,000 square meters in K-gun, Gyeong-gun, Chungcheongnam-gun (hereinafter “K-gun land before division”) where the registration of ownership preservation was completed under J’s name.

B. On December 13, 1993, K land prior to the subdivision was divided into the 661m2 in Gyeong-gun, Chungcheongnam-gun (hereinafter “instant K land”) and L 1,339m2 in 1,39m2.

C. The Defendants are the successors of JJ.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 (including virtual numbers) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff purchased the instant land from the land before subdivision and completed the registration of co-ownership transfer, and thereafter occupied the instant land from around that time. The Plaintiff sought implementation of the procedures for the registration of ownership transfer due to the termination of title trust with respect to the shares in the J out of the instant land on the ground that J and the heir were in a sectionally co-ownership relationship with the J. The Plaintiff sought for the implementation of the procedures for the registration of ownership transfer due to the termination of title trust with respect to the shares in the instant land from May 17, 1985 to May 17, 2005 on the ground that the period of prescription for possession transfer was completed.

3. In addition to the following facts acknowledged prior to the determination of the primary claim, there is no dispute over the facts acknowledged prior to the determination of the primary claim, the entries in Gap 1-5, 8, 9 (including the provisional number), the testimony of the witness M, and the purport of the entire pleadings, the plaintiff purchased the land of this case from the land of this case prior to the division, and completed the registration of transfer of shares in the intent to purchase the land of this case, and owned the land of this case.

Therefore, the Plaintiff may terminate the title trust agreement by resolving the sectionally owned co-ownership relationship, and seek for the registration procedure for the transfer of shares in the J's name among the instant land from the J's heir.

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