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(영문) 청주지방법원충주지원 2015.07.08 2014가단7097
명의신탁해지를 원인으로 한 지분이전등기
Text

1. The defendant has indicated 1, 2, 3, 4, 5, 6, 25, 24, 24 of the attached reference map among the land size of 3,382 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Reasons

1. Basic facts

A. On September 12, 1994, the Plaintiff, on September 12, 1994, specified and sold to D the remainder of 206 square meters (the attached cadastral survey result also indicated in the attached Table 206 square meters) excluding the part “B” in paragraph (1) of the order from among the part of 3,176 square meters on the ship (the part “1” indicated in the attached Table 206 square meters (the part “22 square meters”).

B. On January 2, 2008, the Plaintiff completed the registration of ownership transfer with respect to D’s share of 206/3,382 corresponding to D’s partitioned ownership among the instant land to D for convenience of registration.

C. D sold the instant land to the Defendant by specifying the size of 206 square meters, which he/she owns separately, among the instant land. On March 23, 2011, D completed the registration of ownership transfer on D’s share of 206/3,382 of the instant land to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. In the event that a part of a parcel of land is assigned in a specific manner and a co-ownership registration is made for convenience, the registration of the trustee under mutual title trust is valid. If the specific part is transferred entirely and the co-ownership registration is completed accordingly, the status of mutual title trust is succeeded to the status of the former transferor and the last transferee of the specific part, thereby establishing a title trust relationship between the former transferor and the latter.

(See Supreme Court Decision 95Da40939 delivered on October 25, 1996). A person who partitioned ownership of a specific part of land in a mutual title trust relationship or sectionally owned co-ownership relationship may seek implementation of the procedures for share transfer registration based on the cancellation of title trust with respect to the specific part against the person holding a share registration in a trust relationship or sectionally owned co-ownership relationship.

(See Supreme Court Decision 2006Da84171 Decided May 27, 2010). B.

In light of the facts acknowledged as above and the legal principles related to the instant case, the Plaintiff is on the part 3,176 square meters of “B” as part owned by it.

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