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(영문) 대구지방법원서부지원 2016.06.15 2015가단12493
공유물분할
Text

1. The Defendant indicated the “survey Drawings” in the attached Form 1, 2, 3, 4, 13, 14, 15, 16, 17, 17, among the 483, Daegu-gun, Daegu-gun, the Plaintiff.

Reasons

1. The parties' assertion

A. From 1945, Plaintiff Daegu-gun District Court Decision 483 square meters (hereinafter “instant land”) is classified as “survey Map 1,2, 3, 4, 13, 14, 15, 16, 17, 18, 19, 19, 19, and 4, 6, 7, 8, 9, 10, 11, 12, 13, and 44 of the same map as the “survey Map 1,2, 3, 4, 14, 15, 16, 17, 18, 19, and 19, 19, and 1,008 square meters of land (hereinafter “section 1,08 square meters of land”) in order to connect each point of item 1,2, 3, 1945. The Plaintiff is entitled to exclusive use of and profit from the part b.

However, in April 2014, the Plaintiff expressed to the Defendant the intent to terminate the mutual title trust on the instant land. As such, the Defendant is obligated to implement the procedure for ownership transfer registration as to 305/483 of co-ownership shares among the land under item (a).

B. The Plaintiff does not use and take profits from the entire land under item (a) of the Defendant, but owns and occupies a house only in the attached Form 2 “Defendant’s drawing” (1).

(a) The same drawing indication of the part of the land (a) is used by the Defendant (b) as a passage for the use of the partial land, so it should be viewed that the Plaintiff and the Defendant jointly possess.

Therefore, the method of subdivision asserted by the Plaintiff cannot be recognized, and it should be divided in a reasonable manner by comprehensively taking into account the overall utilization of the land of this case, accessibility to the contribution to the land after division, and the scheduled incorporation of part of the land of this case into the planned land for the neighboring park development project

2. Determination

A. The registration is made in mutual title trust in the case where multiple persons to own the sectionally owned co-ownership by dividing a part of one parcel of land, and only the registration is made in the amount of co-ownership corresponding to the area of each sectional ownership for convenience.

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