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(영문) 대전지방법원 2016.05.12 2015가단211736
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) and the rest of the Defendants are not less than 784.7m2, Dong-gu, Daejeon (Counterclaim Defendant).

Reasons

1. Determination on the main claim

A. The Plaintiffs’ assertion and the Defendants specifically purchased part of the part of the land AAbu 784.7m2 (hereinafter “instant land”) in Daejeon-gu, Daejeon-gu, and completed a co-ownership registration as indicated in the separate sheet as to the instant land for convenience, and owned a store on that ground, etc., and were divided and specifically used for occupancy. As such, the Plaintiff and the Defendants are in a co-ownership relationship with respect to the instant land, and there is a mutual title trust relationship with respect to the part other than the part occupied and used by the Plaintiff and the Defendants, respectively.

B. Determination as to the claim against the defendant Republic of Korea, M, and U is to separately own a part of a single land and specify the registration is to be deemed to have been under mutual title trust in the case where multiple persons have registered a number of co-ownership shares equivalent to the size of each sectional ownership for convenience (see, e.g., Supreme Court Decisions 86Da59,86Meu307, Aug. 23, 198). In such sectionally owned co-ownership relationship, where each co-owner disposes of a specific part of co-ownership shares on the register, which is the object of sectional ownership, and transfers the co-ownership shares on the register to another person as a list on the specific part, the co-ownership relationship with the third person is succeeded to (see, e.g., Supreme Court Decisions 2001Da701, May 14, 2002; 2006Da6810, 68827, Feb. 15, 2008).

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