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(영문) 광주지방법원순천지원 2016.07.27 2015가단4140
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the case: ① With respect to the portion of the ownership transfer registration in the name of F (the cause of sale as of December 9, 1963) on December 11, 1963 with respect to the portion of F (the cause of sale as of December 9, 1963), the registration of ownership transfer in the name of the defendant (the cause of sale as of March 11, 1975) was completed on March 18, 1975 with respect to the portion of the ownership transfer in the name of F (the cause of sale as of March 11, 1975).

② The land prior to subdivision was divided into C-Do 1471 square meters (hereinafter “C-Do 1471 square meters”) and D-Do 1137 square meters (hereinafter “D land”), and each of the above registration of transfer was transcribed as it is.

On October 25, 2012, the Plaintiff completed the registration of share transfer (the ground for donation made on October 18, 2012) with respect to C land and D land.

Plaintiff’s assertion

① Although the co-ownership registration was completed with respect to the land before partition, in fact, E and F entered into a mutual title trust relationship by exclusively dividing E into E, and D’s land at the boundary of E, and the Plaintiff succeeded to F’s position. After purchasing shares as of March 18, 1975, the Defendant maintained mutual title trust relationship by completing the share transfer registration as of March 18, 1975.

Since the Plaintiff’s title trust is terminated by delivery of a duplicate of the complaint (or a copy of the claim and the application for change of cause), the Defendant is obligated to perform the Defendant’s procedure for the registration of ownership transfer as to the portion of land C, and to take over the Plaintiff’s procedure for the registration of ownership transfer as to the portion of land D from the Plaintiff.

(B) Since the acquisition by prescription was completed on January 1, 2015, the Plaintiff’s punishment or the Plaintiff expressed his/her intent to yield part of the land to the Defendant for the smooth resolution of the case, there was no waiver of the statute of limitations benefits after the completion of the statute of limitations.

(Preliminary Claims)

2. Determination as to the main claim on the board.

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