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(영문) 창원지방법원통영지원 2017.11.14 2016가단25613
공유물분할
Text

1. The Defendants, from the Plaintiff, indicated in the Map 1, 2, 3, 4, 5, 1, 2, 3, 3, 1, 2, 3, 1, 2, 3, and 1, respectively.

Reasons

1. The Plaintiff: (a) completed the registration of ownership transfer on February 24, 1972 with respect to L 383 square meters (hereinafter “instant land”); (b) on January 28, 191, the network M completed the registration of ownership transfer with respect to 99/46 of the instant land; (c) on January 28, 191, attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 222, 23, and 301 square meters of the instant land; and (a) on the part of M 1, 24, 305, 201 square meters of the instant land among the instant land; and (b) the Defendants were deemed to have occupied the Defendants’ shares in accordance with attached Form 1, 1, 3, 2, 3, and 201.

According to the above facts, the Plaintiff and the Defendants are in a mutual title trust relationship with respect to the instant land, i.e., a mutual title trust relationship. The Plaintiff’s claim and the grounds for the claim filed on September 27, 2007, stating the Plaintiff’s intent to terminate the title trust with respect to the Defendants, are apparent in the records that they were finally served on the Defendants on October 19, 2017. As such, the Defendants are obliged to perform the registration procedure for transfer of ownership on the grounds of the cancellation of the title trust on October 19, 2017, with respect to shares of 367 percent of the portion (B), 2, 3, 3, 4, 7, 8, 9, 101, 1, 2, 4, 5, 1, 1, 5, 1, 1, 1, 1, 2, 2, 1, 2, 1, 3, 1, 1, 2, 1, 2, 14, 1, 2, 1.

2. The plaintiff's claim against the defendants is justified.

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