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(영문) 대구지방법원 2020.01.30 2019나312843
지분소유권이전등기 청구의 소
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the entry of this case by the court of first instance as to this case are as follows: (a) the Plaintiff’s selective addition to the part selected by the court of first instance as “B” in the reasoning of the judgment of the court of first instance; and (b) the Plaintiff’s selective addition to this case is as stated in the reasoning of the judgment of the court of first instance, except for the determination of addition under the following paragraph (2)

(Provided, however, the part relating to the claim B, which was a co-Plaintiff in the first instance trial, is excluded);

A. The purport of the Plaintiff’s assertion is that the so-called mutual title trust agreement was concluded between the co-owners of the instant land, which is the co-owner of the instant land, and the Defendants, with the boundary and area of the land possessed by the co-owners at the time of September 13, 1997, specifying the boundary and area of the land. However, since the so-called mutual title trust agreement was concluded between the co-owners of the instant land, the Plaintiff, B, and the Defendants, who are co-owners of the instant land, on the instant land.

Therefore, based on the current status of land in this case, the Plaintiff seeks the Defendants to implement the procedure for registration of transfer of ownership based on the cancellation of title trust by resolving the sectionally owned co-ownership relationship with respect to (A) parts of the ship, which are successively connected to each point of the attached Form 1 Map No. 12, 13, 14, 38, 37, 36, 35, 34, 33, and 12, which are currently possessed by the Plaintiff.

B. Determination 1-related legal principles and sectionally owned co-ownership relations are legally established only when there is an agreement by which many persons specify the location and area of a parcel of land and have divided ownership. Even if co-owners agreed to divide the co-ownership and have occupied and used each part of the co-owner's own from that time, co-owner's sectionally owned co-ownership relationship can be established, but the co-owner's intent to vest the specific portion exclusively among the co-owners.

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