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(영문) 대구지방법원의성지원 2020.08.12 2019가단687
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The area prior to the partition of the instant land is 992 square meters.

On May 14, 2015, the instant land was divided into D major 587 square meters and G major 405 square meters.

On March 28, 1995, E was the owner of the instant land and completed the registration of ownership transfer on November 7, 1982 with respect to the share 248/992 of the instant land to Defendant C.

B. On April 6, 1995, E completed the registration of ownership transfer on the ground of sale on November 7, 1982 with respect to the portion of 248/992 out of the instant land to the deceased F, who is the father of Defendant B.

Defendant B completed the registration of ownership transfer on May 25, 2018 on February 22, 2018, based on inheritance by agreement division.

C. On the other hand, on March 8, 2007, E completed the registration of ownership transfer with regard to the trading of shares of 496/992 of the instant land to the Plaintiff on the same day as the grounds for registration.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

2. On November 7, 1982, E, who was the owner of the instant land, sold to Defendant C the north part of 992 square meters of the instant land before subdivision, and 248 square meters of the remainder of 992 square meters of the instant land before subdivision to the networkF on the same day, without filing a subdivision registration for convenience, and completed the registration of ownership transfer corresponding to the area of each purchase.

Accordingly, E and the Defendants established a sectional co-ownership relationship between E and the Plaintiff. Since the Plaintiff succeeded to the status of sectional co-owner, the Defendants are obligated to implement the procedures for ownership transfer registration regarding the part owned by the Plaintiff, who expressed the intent to terminate the title trust.

3. The judgment-sharing relationship is legally established only when there is an agreement by which many people specify the location and area of a parcel of land and the sectional ownership is divided ownership, and the specific parts among co-owners shall be respectively specified.

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