(영문) 대구지방법원 2015.02.10 2012가단47163

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(영문) 대구지방법원 2015.02.10 2012가단47163

공유물분할

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Recognizing facts D’s sole ownership of the instant land, the registration of transfer made on April 27, 1996 under E’s name on April 30, 1996, and the registration of transfer made on March 6, 1997 under the Plaintiff’s name on March 6, 1997, for the remainder of 11583/12740 shares, the registration of transfer made on December 20, 2005 under F’s name on December 27, 201, and the registration of transfer made on June 26, 2012 under the Defendant’s name on June 27, 2012.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion E purchased the part of the dispute land of this case from D by specifying the part of the dispute land of this case, and the registration was completed for the convenience of co-ownership and was in the partitioned co-ownership

The above sectional co-ownership relationship is deemed to have been succeeded in sequence to the plaintiff and the defendant, and the defendant seeks registration, such as the purport of the claim, due to the termination of title trust on the part of the land in dispute of this case.

3. The registration is made in the so-called sectionally owned co-ownership relationship where multiple persons have to own a part of one land separately and completed registration of a number of co-ownership corresponding to the size of each sectional ownership for convenience, and each sectionally owned co-owner disposes of his/her rights to another person, there are cases where he/she transfers co-ownership shares on the registry as a table for the specific part while disposing of a specific part, which is the object of sectionally owned ownership, and disposes of them as a true co-ownership share for the whole parcel as recorded on the registry, and in the case of the former, the sectionally owned co-ownership relationship for the third person is succeeded to. However, in the latter case, the third person acquired co-ownership shares for the whole

(See Supreme Court Decision 2004Da39412 delivered on October 28, 2004, etc.).

유사 판례

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