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(영문) 대구지방법원 서부지원 2017.03.08 2015가단7002
소유권말소등기
Text

1. The Defendant (Appointed Party) and the designated parties are listed in the separate sheet among the 2,040 square meters of 30 square meters prior to Gyeongbuk-gun, Seongbuk-gun, Seongbuk-gun, and the Plaintiff.

Reasons

1. Basic facts

A. D and E completed on August 31, 1981, the registration of initial ownership is one half of each share in relation to the area of 4,334 square meters (the area is divided several times and the present area is 2,040 square meters; hereinafter referred to as the “instant land,” regardless of whether before or after the division of land.

B. On October 20, 1984, the instant land was divided into 1,644 square meters (hereinafter “F land”) and 630 square meters (hereinafter “G land”) prior to G, and the instant land was divided into 20 square meters (hereinafter “H land”) prior to H on July 16, 2002.

C. I, a relative of D, completed the registration of ownership transfer on the F land on November 29, 1984 due to the sale on the 23th day of the same month.

D’s heir (appointed party, hereinafter “Defendant”) completed the registration of ownership transfer on October 5, 1985 with respect to G land on December 8, 1994.

E. On May 7, 2012, the Plaintiff, as E’s inheritor, completed the registration of ownership transfer due to inheritance due to a division of January 19, 201, with respect to E’s share on the instant land.

F. Both the Defendant and the designated parties are the inheritors of E who completed registration of preservation of ownership relating to 1/2 of the shares in the instant land.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2, and 3 (including each number in the case of additional numbers), and the fact-finding conducted by the Gyeongbuk-gun Office of this Court for fact-finding, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion E and D completed registration of initial ownership preservation on the land of this case by one half of its equity for convenience, they actually divided the specific areas of the land of this case and formed a sectional co-ownership relationship by exclusively owning each part of the specific areas of this case.

However, since D, on November 23, 1984, part of the instant land, which was used and used exclusively by it, was disposed of by dividing G land to I, it is the sectionally owned co-ownership relationship with regard to the instant land.

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