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(영문) 수원지방법원여주지원 2017.09.21 2016가단57170
공유물분할
Text

1. The Defendant indicated on the attached sheet No. 11, 12, 13, 15, 16, 17, 18.

Reasons

1. Determination as to the cause of claim

A. The facts of the reasons for the change in the attached form of claim can be acknowledged as a confession between the parties, or as a whole by taking into account the respective entries and the whole purport of the arguments as set forth in Section A(1) through (4), and no other counter-proof exists

B. According to the above facts, D, at the time of concluding a contract with the Defendant for the exchange of D’s rights to the E restaurant, etc. and the 1015 square meters, etc. of Gyeonggi-gun, Gyeonggi-gun, Gyeonggi-do, Inc. (hereinafter “instant land”), acquired the portion of the instant land, excluding the part in which the location and area of the instant land are specified, and completed the registration of transfer of ownership by dividing the attached appraisal with respect to the part in the instant land, on convenience, instead of completing the registration of transfer of ownership in accordance with the ownership size for the entire land in the instant case, the mutual title trust relationship was established between the parties, and the Plaintiff who completed the registration of transfer of ownership by purchasing a portion of D-A from D.

As can be seen, in a mutual title trust relationship or sectionally owned co-ownership relationship, a person who partitioned ownership of a specific part of land may seek implementation of the procedure for the registration of share transfer based on the cancellation of title trust with respect to the specific part against the person who has a share registration in a trust relation (see, e.g., Supreme Court Decision 2006Da84171, May 27, 2010). The fact that the Plaintiff expressed his/her intention of termination of mutual title trust by serving the application for modification of the purport of the instant claim and the cause of the claim

Therefore, the Defendant, barring special circumstances, with respect to the instant land from the Plaintiff, received the registration procedure for transfer of ownership on the ground of termination of title trust as of August 21, 2017, which was the delivery date of the said application for the said alteration with respect to the portion of 9/1015, out of the portion of 200 square meters indicated in the separate sheet No. 99 square meters, and simultaneously received the said registration from

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