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(영문) 부산지방법원 2016.06.23 2015가단225048
소유권이전등기
Text

1. Of the land size of 544 square meters in Busan, the Plaintiff indicated in the attached Form 16, 17, 3, 4, 5, 6, 18, 14, 15, and 16, respectively.

Reasons

1. Facts of recognition;

A. On August 20, 2007, J. 1,878 square meters, J. 1,878 square meters prior to subdivision, was divided into: (i) J. J. 1,678 square meters and K 200 square meters; and (ii) the said J site is divided into J. 220.7 square meters on August 1, 2014, J. 220.7 square meters, L. 791.6 square meters and I.65.7 square meters on 16, 2016; and (iii) the said I site is divided into 14 square meters and M. 121.7 square meters on 16, 2016 (hereinafter “instant site”).

B. On June 12, 200, the Plaintiff received each registration of ownership transfer from N on the ground of gift on January 3, 2013 with respect to 760/56810 shares of 6120/56810 square meters among 1,878 square meters in Jandong-gu, Busan, Busan, Busan, on the ground of sale on May 12, 200.

C. The instant land owns 6880/56810 of the Plaintiff’s shares as a result of the registration of ownership transfer with respect to each of the above shares, and the Defendants owned each of the shares indicated in the order.

The instant site had been occupied by and used exclusively for a specific part of the Plaintiff’s share before the transfer registration of ownership with respect to each of the above shares, and the right holder had formed a sectionally owned co-ownership relationship with the Plaintiff and the Defendants. The sectionally owned co-ownership relationship was continued until the Plaintiff and the Defendants. The Plaintiff occupied and used the part of “A” in the instant site as the housing site.

E. On November 14, 2015, a copy of the instant complaint containing the purport that the Plaintiff would resolve the sectionally owned co-ownership relationship with respect to “A” portion of the instant site as indicated in the order was sent to Defendant C most finally.

[Ground of recognition] Defendant E, F, G, and H: Defendant B, C, and D who made a confession: Evidence No. 1-1, 2, 3, 2, and 5, Evidence No. 6-1, 2, and 6-2, each of the results of the court’s request for measurement and appraisal, and the purport of the entire pleadings

2. Determination

A. According to the above facts of recognition, the sectionally owned co-ownership relationship on the part “A” as stated in the order of this case among the Defendants of the copy of the complaint of this case containing the purport of seeking resolution.

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