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(영문) 창원지방법원밀양지원 2015.04.29 2014가단2190
토지소유권이전등기
Text

1. The Defendants each share of the Defendants listed in the separate sheet No. 2, among each real estate listed in the separate sheet No. 1.

Reasons

1. The Plaintiff’s assertion that the Plaintiff and the Defendants were entitled to separate ownership of part of P forest 118,215 square meters prior to the division, and only the registration was divided into P, Q, R, and S with co-ownership share registration. The specific part owned by the Plaintiff was subdivided into Q and re-divided into each real estate listed in the separate sheet No. 1. The Defendants are liable to implement the registration procedure for transfer of ownership based on the termination of title trust as of the date of delivery of the application for change of the final claim of this case by shares of the Defendants listed in the separate sheet No. 2 among each real estate listed in the separate sheet No. 1 list.

As to this, Defendant B asserted that there is no mutual title trust relationship between the Plaintiff and the Defendants with respect to the P forest land 118,215 square meters and the land divided from the above land when smuggling was pushed prior to the division.

2. Recognizing the following facts by integrating each entry in Gap evidence 1 to 9 (including paper numbers) of the facts of recognition, the whole purport of the pleading is as a whole:

Before subdivision, P Forest land 118,215 square meters (hereinafter “land prior to subdivision”) was owned by T. However, T sold a specific part of the land prior to subdivision to U, C,V, and W, but the registration was completed on June 21, 1971 with respect to shares of 1700/11920, shares of 3300/11920, shares of 5/11920, and shares of 11420/2380 for Defendant C.

V and W sold pre-sale to X and Y, and Y sold part of its purchase to the Plaintiff, and Y completed the registration of ownership transfer for 43310 percent of 11920 shares. The Plaintiff transferred part of its purchase to C, and completed the registration of ownership transfer for 1000 percent of 11920 shares. The remainder of the purchase was sold before the Defendant, and the ownership transfer for 70890 percent of 11920 shares was completed.

In the end, the division is completed.

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