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(영문) 수원지방법원 2019.08.22 2018나85846
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. The original parcels of land, including G, H, I, J, K, K through L, F, M through N,O through P, Q through Q, T, U through X, Y through X, AA through AB, AC through AD, AE through AD, AE through AE, AE through AF, AH, AH, AI, and AJ land (hereinafter “instant land”), have been owned and occupied by many persons including AK, etc. for separate ownership and possession of each specific part for the convenience of registration. However, for the convenience of registration, the share registration of the said sectional owners was completed in proportion to the specific size of the entire parcels of land compared to the total size of the land.

B. On December 17, 2001, the Plaintiffs purchased the instant land and its ground buildings from AK, which was a sectional owner of the instant land, but completed the registration of ownership transfer with co-ownership shares on the entire land including the instant land for convenience of registration due to the relationship with which the registration of ownership transfer was not made for the entire land, and thereafter owned and occupied the instant land by specifying it from that time.

C. After that, on July 14, 2017, the Plaintiffs filed a lawsuit against 46 persons, including AM and N, who are co-owners in the public register of the said land, to fulfill each of the procedures for the registration of ownership transfer based on the termination of title trust with respect to the instant land in Suwon District Court Pyeongtaek Branch Branch. The said court rendered a favorable judgment that accepted all the claims of the Plaintiffs on March 7, 2018 after the closing of argument on February 7, 2018, and the said judgment became final and conclusive as it is.

(C) Hyeongwon District Court 2017da57767. D.

However, on January 9, 2018, immediately before the closing of argument in the instant case, Defendant D completed the registration of ownership transfer for 8.25/1,233 shares, all of the shares of AM, on the ground of sale on January 5, 2018. Defendant E completed the registration of ownership transfer for the entire shares of 95/1,233 shares, among the instant land, on January 22, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, 5, 8, and 5.

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