logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2013.10.02 2012가단8430
소유권이전등기
Text

1. On the ship which connects each point of the annexed 1 drawings No. 86 to 132, and 86 among forest land F. 25,976 square meters in Gyeongnam-gun, Gyeongnam-gun.

Reasons

1. Facts of recognition;

A. As to the Fannannam-gun, Gyeongnam-gun, the Plaintiff and the Plaintiff owned 1/3 shares, respectively, and the Nonparty G owned 1/3 shares, respectively. On November 27, 1997, G died on the part of November 27, 1997, and the Defendants, co-inheritors, inherited the said G’s shares and owned 1/3 shares, respectively.

B. Until the closing date of the pleadings of this case, there was no co-owned property partition consultation on the land of this case between the plaintiffs and the defendants.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. Although the land alleged by the plaintiffs in the register states that the plaintiffs and the defendants share the land in each share, in fact, the part indicated in attached Form 2(a) in the purport of the claim in the main lawsuit is owned and managed separately by the plaintiff B's prior price, the part in (b) the plaintiff A's prior price, and the part in (c) is owned and managed by G as the fleet of the defendants, respectively, by succession to the status of the plaintiffs and the defendants as to the specific part, and they occupy and use it until now. This is a sectionally owned co-ownership relation, which is registered in accordance with the mutual title trust agreement

As such, the plaintiffs shall terminate the mutual title trust with the service of the application for modification of the purport of the claim on December 27, 2012 against the defendants.

B. Determination, the sectional co-ownership relationship is legally established only when there is an agreement by which many people specify the location and area of a parcel of land, and the co-owners agree to divide the co-owned property from that time to that time, and even when they own and use each part of the co-owner's divided property, the sectional co-ownership relationship can be established, but the co-owners intend to vest the specific portion exclusively among the co-owners.

arrow