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(영문) 대구지방법원의성지원 2016.05.04 2014가단3308
소유권이전등기
Text

1. The Defendants indicated in the attached Form No. 1, 59 through 61, 35 through 57, among forest land M 149,950 square meters in Gyeongbuk-gun, Chungcheongnam-do, Gyeongbuk-gun, and the Plaintiff.

Reasons

1. Facts of recognition;

A. The instant land was owned by N and five other. The O purchased the part 37,189 square meters in a ship as indicated in paragraph (1) of this Article, and on May 29, 1970, the registration of ownership transfer with respect to one-fourths, not the registration of ownership transfer with respect to subdivision for convenience, was completed, and thereafter the registration of ownership transfer with respect to the same portion was completed on December 28, 1994.

B. As to the currently 375/1512 shares out of the instant land, the name of Defendant B, as to the third/1512 shares, and as to the third/1512 shares, the registration of ownership transfer was completed in the name of Defendant C, and as to each 378/1512 shares.

C. On the other hand, P died on February 7, 1995, and the inheritor inherited or inherited the property by inheritance or inheritance by representation, in 1/5 shares, each of Defendant E, F, H, L, and Defendant I, 3/35 shares, Defendant J, and K, each of 2/35 shares.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 5, the purport of the entire pleadings, and the remainder of the defendants: deemed confession by absence (Article 150(3) of the Civil Procedure Act)

2. According to the above facts established, the co-ownership relationship between the Plaintiff and the Defendants relating to the instant land is divided ownership relationship. As to the Defendants’ total of 3/4 shares in the part on board as indicated in the Disposition No. 1 (a) owned by the Plaintiff, the Plaintiff terminated the title trust by serving the instant complaint on the Plaintiff, the Defendants are obligated to implement each of the procedures for the registration of ownership transfer on the relevant shares in the separate sheet as stated in the separate sheet as to the said part on board (A) on January 22, 2016, which is the final delivery date of the instant complaint.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's primary claim is reasonable.

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