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(영문) 대전지방법원천안지원 2017.05.17 2016가단113326
소유권이전등기
Text

1. The Defendants are each of their respective shares indicated in the separate sheet of equity in the annexed sheet among the 3310 square meters of the Z cemetery in Busan Metropolitan City.

Reasons

1. Facts of recognition;

A. The Defendant Seosung Co., Ltd. (hereinafter “Defendant Seosung”) divided part of the AA cemetery 11,587 square meters (hereinafter “pre-division land”) before the division into the method of specifying the location and area, and sold it to the Plaintiff and the Defendants. The Plaintiff and the Defendants, among the pre-division land, completed the registration of ownership transfer with respect to the share equivalent to each purchased by the Plaintiff and the Defendants.

Accordingly, the Defendants received the registration of ownership transfer in the name of the Defendants with respect to each of the relevant shares listed in the separate sheet among the lands before subdivision, and the Plaintiff also received the registration of ownership transfer with respect to 3310/11587 shares out of the land before subdivision.

B. Subsequent to the subdivision, the land before the subdivision was divided into the AB cemetery 754 square meters, the Z cemetery 3310 square meters, the AC cemetery 1013 square meters, the AD cemetery 992 square meters, and the AE cemetery 3472 square meters. The part of the land purchased by the Plaintiff among them is the 3310 square meters of the above Z cemetery (hereinafter “instant land”).

C. The Plaintiff terminated the title trust on the instant land by serving a duplicate of the instant complaint on the Defendants. The duplicate of the instant complaint was served to the Defendants on each corresponding date indicated in the date of termination of the attached equity sheet.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff and the defendants were in a mutual title trust relationship with respect to the land before division. After that, the part of the land owned by the plaintiff was divided into the land of this case, and the plaintiff terminated the title trust with respect to the land of this case as the delivery of the copy of the complaint of this case to the defendants. Thus, the defendants stated each relevant share in the separate sheet in the separate sheet among the land of this case on the date of termination of the separate sheet.

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