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(영문) 의정부지방법원 2018.10.05 2017가단119776
소유권이전등기
Text

1.(a)

The Plaintiff (Counterclaim Defendant) shares 532/1,586 square meters out of D forest land 1,586 square meters in Nam-si, Namyang-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 1, 2014, the Plaintiff sold to the Defendant KRW 32,00,00 the sum of “1” and “bb” portion (hereinafter “the instant part”) in the attached Form No. 1, 2, 3, 4, 10, 9, and 1 among the forest land No. 1,586 square meters in Namyang-si, Namyang-si (hereinafter “instant forest”). On September 1, 201, the Plaintiff completed the ownership transfer registration (hereinafter “instant transfer registration”) with respect to shares of KRW 532/1,586 of the instant forest land among the instant forest land on the following grounds: (a) the Plaintiff sold the ownership transfer registration (hereinafter “instant transfer registration”) to the Defendant on September 17, 2014.

B. After that, the Defendant moved to another family’s grave in the area of the main issue of the instant case by setting up three tombstones (hereinafter “instant grave”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the main claim

A. At least two persons, who determine the cause of the claim, partially divided ownership of one parcel of land, but if the co-ownership registration was made in proportion to the size of each sectional ownership for convenience, mutual title trust or sectionally owned co-ownership relation between sectional owners is established.

In addition, in the mutual title trust or sectionally owned co-ownership relationship, a person who partitioned ownership of a specific portion of land can seek implementation of the share transfer registration procedure based on the termination of title trust for the specific portion against the person who has a share registration in trust.

According to the above facts, mutual title trust relation between the plaintiff and the defendant on the forest of this case was established, and sectionally owned co-ownership relation between the plaintiff and the defendant on the forest of this case, each of the annexed drawing Nos. 4, 10, 9, 8, 7, 6, 5, 4.

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