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(영문) 대구지방법원 김천지원 2018.10.26 2017가합15648
소유권이전등기
Text

1. The Defendants shall list the Plaintiff’s right to a site in attached Form 2 among the B 1254.2m2m2 and the C 737.5m2 in the Gu, Si, Gu, Si, Gu, and Gu.

Reasons

1. Basic facts

A. The Plaintiff and E initially were D Co., Ltd., but was merged into P Co., Ltd. on August 25, 201, and was divided into E as of December 23, 201.

(hereinafter “E”) etc. owned F forest land No. 28165 square meters in the name of mutual title trust relationship in the Gu-si, Gu-si.

B. On June 13, 2005, a disposition of replotting was taken with respect to F forest land in the Gumi-si. Accordingly, the forest land was divided as follows.

The rest of the co-owners of the land, 1, Gu-si B, 1, 1254.2m2m2, 737.5m2, Gu-si, 2, Gu-si, 2, Gu-si, Ga, 2, Gao, Ga, 2478.2m2, 1292m2, E-3m2, 3983m2, 2983m2.2m2

C. On September 28, 1999, E newly constructed K apartment L-Mdong (hereinafter “instant apartment”) and N-dong commercial buildings on four lots of land, such as old-si G site, old-si, the ownership of which is domestically owned, such as as described in the foregoing sub-paragraph (b), and completed registration of initial ownership.

The defendants are the owners or co-owners of some sections of exclusive ownership among the apartment units of this case, as stated in the table of the attached site ownership ratio in attached Table 2.

E. Of the registration register of the aggregate building of the instant apartment, the “Indication of land subject to the site right” includes all the old and American forest land.

F. The Plaintiff filed a lawsuit for ownership transfer registration (Tgu District Court Decision 2015Gahap451) by asserting that the mutual title trust of the said forest was terminated against other sectional owners with respect to E and the Gu-U.S. F Forest land.

[Ground of recognition] The Plaintiff and Defendant P, Q, and R: There is no dispute; Gap evidence Nos. 1 through 3, and 7-14 (including each number); the purport of the entire pleadings; the Plaintiff and Defendant S, T, U,V, W, X, and Y: Each of the items (including each number); the purport of the entire pleadings (including each number); and the purport of the entire pleadings among the other Defendants except the Plaintiff and the said Defendants: Article 257(1) (self-concept) of the Civil Procedure Act.

2. The assertion and judgment

(a)in addition to the above basic facts, E;

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