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(영문) 춘천지방법원 2019.06.12 2018나50144
공유물분할
Text

1. The judgment of the court of first instance is modified as follows.

The defendants are 53,399 square meters of forest land in Gangwon-do Crossing-gun.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, shall be determined as “the judgment of the court of first instance 9” of the third upper part of the judgment of the court of first instance as “the judgment of the grounds for claim 2.” The addition between the 7th upper part of the fifth upper part and the 8th part as follows. The grounds of the judgment of the court of first instance, except for deletion of the 8th part of the fifth part to the 10th part (3. part), are the same as the reasons of the judgment of the court of first instance

2. Additional part 3. Determination on the defendants' defense

A. The summary of the assertion 1) The Plaintiff is obligated to implement the registration procedure for ownership transfer due to the cancellation of title trust with respect to the shares of the land (B) out of the forest of this case to the Defendants, and this is in the simultaneous performance relationship with the Defendants’ obligation to implement the registration procedure for ownership transfer with respect to the shares of the land (B). 2) If the judgment-sharing relationship is resolved, the obligation for ownership transfer registration between the co-ownership holders is in the relation of relation in the performance.

(See Supreme Court Decision 2004Da32992 Decided June 26, 2008). The fact that the Plaintiff and the Defendants are in a mutual title trust relationship as a sectionally owned co-ownership relationship with respect to the forest of this case, and the fact that the mutual title trust relationship was terminated on each relevant day indicated in the “date of termination of title trust” as stated in the attached Table 2 between the Plaintiff and the Defendants upon the Plaintiff’s declaration

Therefore, the Plaintiff is obligated to implement the registration procedure for transfer of ownership based on the termination of title trust with respect to each of the shares indicated in the “shares of the Plaintiff’s shares” column for the Defendant’s shares among the land attached to attached Form 3(B). This is in the simultaneous performance relationship between the Defendants’ obligation to implement the registration procedure for transfer of ownership with respect to each of the shares indicated in the “shares of the Defendant’s shares” column

This part of the defendants.

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