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(영문) 수원지방법원 2017.04.19 2016가단537670
소유권이전등기
Text

1. Of the land listed in the separate sheet No. 1 list, the Defendant indicated in the annexed sheet No. 12, 13, 14, 15, 4, 5, 6, 7, 8, 9, 10, 11, among the land listed in the annexed sheet No. 1 list.

Reasons

1. Facts of recognition;

A. On April 3, 2014, the Defendant purchased at KRW 224 square meters of “C2” portion in the ship, which successively connects each point of the attached Table 1, 2, 3, 4, 15, 14, 13, 12, and 1 among the land listed in the attached Table 1 List owned by the Plaintiff (hereinafter “instant land”).

B. However, the Plaintiff agreed with the Defendant on the transfer of shares of 224/1,890 among the instant land, instead of selling a portion of 224 square meters in the said ship by dividing it into two hundred and twenty-four square meters, and accordingly, the Defendant completed the registration of partial transfer of ownership on April 11, 201 with respect to shares of 224/1,890 among the instant land on April 3, 201.

C. The Defendant uses the part 224 square meters of the “Cbling” portion as the Defendant’s access road site to the factory.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including branches number, if any), the result of the on-site inspection conducted by this court, the result of appraiser D's survey and appraisal, the purport of the whole pleadings

2. The registration is to be deemed to be a mutual title trust in the case where, for convenience, multiple persons have to own a certain part of one land separately, and only the registration is made in the number of co-ownership shares corresponding to the area of each sectional ownership.

(See Supreme Court Decision 86Da59, 86Meu307 delivered on August 23, 198). According to the above facts, the defendant acquired the above portion of 224§³ in the above ship, and completed the registration of transfer of ownership with respect to shares of 224/1,890 out of the land of this case at the rate corresponding to the acquired area for convenience. Accordingly, since a sectionally owned co-ownership relationship between the plaintiff and the defendant was established, registration of the portion other than the portion owned by the plaintiff and the defendant, it is reasonable to view that the registration of mutual title trust is made.

Furthermore, the purport and purport of this case, stating the Plaintiff’s intent to terminate the mutual title trust.

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