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(영문) 대전지방법원 2015.05.28 2013가단204505
소유권이전등기
Text

1. The Defendants each indicated on the attached sheet No. 7, 8, 9, 10, 11, 12, and 7 among the attached sheet No. 2,304 square meters in Jung-gu Daejeon, Daejeon.

Reasons

1. Basic facts

A. 4,988 square meters prior to the land substitution (hereinafter “previous land”) were originally owned by AU, but AU sold to 32 persons, including AC, etc., specifying the location and size of a part of the previous land, and the transfer registration of ownership transfer became in a mutually owned co-ownership relationship with respect to the part purchased by each party, by registering the transfer of co-ownership for convenience.

B. After that, the previous land was replaced by the land improvement on December 4, 1993, and became a lot of land subject to the land improvement, and became a lot of land subject to 2,459.1 square meters (hereinafter “land prior to subdivision”).

C. 32 persons, such as AC, who purchased each specific part of the previous land from AU, subsequently sold the part purchased by them.

At the time of October 13, 1998 and September 4, 1999, Defendant M filed a lawsuit claiming the registration of ownership transfer on the ground of the cancellation of title trust with respect to the part 155.1 square meter (former Daejeon Daejeon Daejeon District Court No. 98Gadan38972, 99Gadan3394), which was owned by Defendant M with 40 co-owners, on the part of 155.1 square meter (former Daejeon Taedong-gu AV. 155.1 square meter) ( Daejeon District Court Decision 98Gadan38972, 99Gadan3394), and the Daejeon District Court rendered a favorable judgment on November 25, 199.

E. As of the division of the above part of Defendant M’s land before subdivision, the land before subdivision was at the same time as the AS large 2,304 square meters (hereinafter “instant land”). The Defendants are equal to the shares in the column of “public land share” as indicated in the separate sheet among the final purchaser of the instant land or the final purchaser’s heir.

F. Even after land substitution, co-owners of the instant land agreed to specify part of the instant land, and to maintain and use each previous use state implicitly among co-owners.

G. Of the instant land, the part owned by the Plaintiff, which is specified by the Plaintiff, is not more than 323.5 square meters in the part of the ship (b) connected in sequence with each point of the attached Table 7, 8, 9, 10, 11, 12, and 7.

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