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(영문) 부산지방법원서부지원 2020.11.27 2020가단102158
공유물분할
Text

The Defendants are indicated in the attached Form No. 9, 10, 11, 12, and 9, among the land area of 5012,00 square meters in Busan, Seo-gu AR v. 5019.

Reasons

1. Facts of recognition;

A. The Busandong-gu AS large AS large 5019 square meters (hereinafter “instant real estate”) was partially sold to the Defendants, including the Defendants, by specifying the location of the previous owners. However, with respect to the land of the specific part purchased, the registration is not made in the way of dividing the specific part, but the registration of ownership transfer is completed with respect to the entire part of the said land corresponding to the size of the owner’s purchase.

B. Meanwhile, the Plaintiff, among the instant real estate, was donated by TeT from the former owner on November 8, 2019, with respect to the portion indicated in subparagraph (b) of Article 185.7 square meters and above-ground buildings connected with each point of the attached Table No. 9, 10, 11, 12, and 9 in sequence.

[Ground of recognition] Defendant AC: In the absence of dispute; the result of a request for appraisal by the Vice-Governor of the Korea Land Information Corporation in Busan, the court; the purport of the entire pleadings; Defendant P, S organization, V stock company, and AH: Service by publication (Article 208(3)3 of the Civil Procedure Act): The remaining Defendants: The judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of the claim, the plaintiff and the defendants specified the land prior to the division in this case and completed the registration of co-ownership share in convenience. In this case, the plaintiff, a sectional owner of the land in this case, can seek implementation of the registration procedure for share transfer based on the cancellation of mutual title trust against the defendants, who have a co-ownership share registration as to the part of the land in this case. Since it is apparent in the record that the duplicate of the complaint in this case, in which the plaintiff's declaration of intent to terminate the title trust was finally delivered to the defendant S organization on June 3, 2020, the defendants shall implement the registration procedure for ownership transfer for each share in the attached list of co-ownership in this case to the plaintiff on June 3, 202.

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