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대구지방법원김천지원 2016.09.02 2015가합451
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Text

1. The Defendant was dated June 13, 2016 with respect to the Plaintiff’s share of 20/28165 of each of the real estate listed in the separate sheet.

Reasons

1. Indication of claim;

A. The Plaintiff, C, etc. shared shares of 28,165 square meters of D forest land in the Gu-U.S. as indicated below (hereinafter “D forest”).

Serial Name: 12605/2867/2867/3 E E 28167/28 F 28165/28 F 28165/12605/3 of 1105 C 28166/7 G 28165/1166 of 54.8 I 286.97/28165/28165/15 of 476.17/165 of J 28165/285 of 557.98/28165 of 28165

B. On June 13, 2005, there was a disposition of replotting regarding D forest land, and on August 16, 2007, the said forest land was divided into each land listed in the separate sheet (hereinafter “each land of this case”) and seven lots.

C. While each of the instant lands was owned solely by the Plaintiff, the mutual title trust relationship between the co-owners was established since the ownership shares of D forest land, such as the foregoing paragraph (a), were registered in the register of land of the said nine parcels divided including each of the instant lands.

C. C died on September 9, 2005, and at that time, C entered his spouse L, children, M, N, andO as inheritor.

The mutual title trust on each land of this case is terminated on June 13, 2016, when a duplicate of the purport of the instant claim and the application for change of cause of the claim were served on the Defendant. Thus, the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground of termination of the title trust on each land of this case as to C’s share based on mutual title trust (i.e., C share 10/28165 x Defendant’s inheritance share 20/110).

2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);

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