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(영문) 수원지방법원안산지원 2017.05.31 2015가단116971
소유권이전등기
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. 사실관계 [인정사실] 갑 1∽4, 8, 14∽17호증(가지번호 포함)의 각 기재, 변론 전체의 취지 (1) 망 H와 망 I 사이의 가계도는 아래 그림과 같다.

H I JJ K MW NW NAP PP MV M CF T HH A (2) X-gu of Ansan-si was divided into Y on March 2, 1916. Around December 28, 1960, the land category of G land was changed to 'T'. Around that time, the land category of G land was changed to 'T'.

On June 30, 1965, the registration of preservation of ownership in the name of the deceased K was completed, and on the G land, the registration of preservation of ownership in the name of AA(Y) on December 20, 199 was completed, and on the same day on December 31, 199, the registration of ownership transfer in the name of the deceased K was completed.

(3) As to the Z and G land, the registration of ownership transfer in the name of T was completed on September 14, 201 due to the agreement on the division of inherited property, and the registration of ownership transfer in the name of AB was completed on July 13, 2015.

(4) On the G land, the instant building existed in unregistered state, and on October 5, 201, the total floor area and building area of the instant building were changed ex officio from “0” to “92.7” in accordance with the building ledger improvement on October 5, 201.

(5) As to the instant building, on November 2, 2015 (T has sold Z and land adjacent to G to AB) the registration of preservation of ownership was completed in the name of the heir who is alive with the network H, and on October 30, 2015, the remaining inheritors except the Defendants donated their respective shares of inheritance to the Plaintiff, and the registration of transfer of shares in the said gift was completed.

2. The plaintiff asserts that the building of this case was in co-ownership relationship and sought a partition of co-owned property under Article 268 of the Civil Act to sell the building of this case at auction, and to distribute it at the ratio corresponding to the shares of the plaintiff and the defendants.

The relationship of sharing related legal inherited property is divided by each heir.

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