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(영문) 광주지방법원 2019.04.19 2018가단508347
공유물분할
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On the ground of donation on March 28, 1996, with respect to the share of 24/3193 square meters among 3193 square meters in Hanju-si, the registration of ownership transfer was completed in the Plaintiff’s future on the ground that the gift was made on March 28, 1996 with respect to the remaining 3169/3193 shares (as to the share of 1585/3193, Dec. 29, 1997; the sale on April 30, 2001 for the share of 1584/3193 shares).

B. On March 15, 2010, the said land was divided into Cand orchard 2842 square meters (hereinafter “instant land”) and D and D orchard 351 square meters.

[Grounds for recognition] Each entry in Gap evidence Nos. 1 through 3 (including branch numbers) and the gist of the plaintiff's argument as to the purport of the whole argument is as follows: at the time of purchase of shares of 3169/3193 among the land of this case, the plaintiff is entitled to separate the part of the attached Form Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 35, 11, 12, 13, 14, 16, 17, 17, 18, 19, 20, 21, 22, 23, 23, 25, 26, 27, 29, 30, 32, 34, 34, and 193 shares from the land of this case from the land of this case; the plaintiff occupies only the part of the attached Form No. 2,818 square meters (hereinafter "the part of the land of this case").

Judgment

If a part of the land is assigned by specifying the relevant legal doctrine and the co-ownership share registration is completed for convenience, it is valid as the registration of a trustee under a mutual title trust. If the specific part is transferred prior to the transfer and the co-ownership share registration is completed accordingly, the mutual title trust relationship between the first transferor and the last transferee of the specific part is established (see, e.g., Supreme Court Decision 88Da14366, Jun. 26, 1990).

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