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(영문) 부산지방법원 2017.02.10 2016가단1348
소유권이전등기
Text

1. The Defendant: (a) on January 18, 2016, with respect to the share of 873/2188 square meters among the 430 square meters of Gangseo-gu Busan Metropolitan Government 430 square meters, to the Plaintiffs.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties, or in full view of the entries in Gap evidence Nos. 2, 4, and 7 and the witness E's testimony, and there is no counter-proof.

On November 23, 198, with respect to the land of 2,188 square meters in Gangseo-gu Busan Metropolitan Government (hereinafter referred to as "land before subdivision"), the registration of ownership transfer was completed on November 21, 1988 on the following co-owners:

1) G: 430/2188 equity 2): H 69/2188 equity 3): J 4) 816/2188 equity: 873/2188 equity

B. Thereafter, H shares were transferred to K on September 17, 1992 on the ground of sale and purchase on September 5, 1992, and J shares were transferred to the Defendant on May 29, 1994 on the ground of inheritance by consultation and division, and G shares were transferred on November 25, 2014 to the Plaintiffs on October 24, 2014. The I shares were transferred to L bridge on January 6, 2015 on the ground of donation.

C. On June 4, 2015, the land before subdivision was divided into F 873 square meters in the same Dong (hereinafter the name of the administrative district is omitted), F 873 square meters in the order (hereinafter “instant land”) and M 885 square meters in the land before subdivision. D.

On the other hand, the co-owners (G, H, I, and J) prior to the above division specified their respective co-ownership areas in the land before the division as follows, and transferred their respective co-ownership shares on the registry while disposing of the specific portions possessed by a third party (K, the plaintiffs, and LI).

1) J: F 873m2 G: 3 H and I on the instant land: M 885m20m2

2. Determination

A. According to the above facts, co-owners of the land prior to subdivision (G, H, I, and J) possess each specific part of the land prior to subdivision and complete the share transfer registration at the rate corresponding to the occupied area for convenience. In addition, the co-owners’ co-ownership relationship with respect to the land prior to subdivision was established by disposing of the specific part of the land prior to subdivision to a third party.

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