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(영문) 서울동부지방법원 2019.12.18 2017가단131906
공유물분할
Text

1. The Defendants are each indicated in the annexed drawings among the 32,947 square meters of SP land in Kuju-si. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 6.

Reasons

1. Basic facts

A. On December 13, 2006, the Plaintiffs specified the attached Form T (Attachment Form 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17, and 6 shares (limited to the portion “B” in sequenceing each of the points of 6, 7, 727/32, 947 shares, Plaintiff B, 864/32947 shares, 864/32947 shares, 140,00 shares, and completed the registration of ownership transfer as to each of the above shares on December 14, 2004, by specifying the attached Form T (Attachment 6, 7, 8, 9, 10, 12, 13, 14, 16, 17, and 627 shares) from Defendant R&A corporation (hereinafter “Defendant corporation”).

B. The remaining Defendants, other than Defendant Corporation, also specified each part of the attached Form 1 among the instant real estate from the Defendant Corporation from December 20, 2006 to March 5, 2007, and purchased each share indicated in the attached Table 1 [Attachment 1] and [Attachment 2], and completed the registration of ownership transfer for each of the said shares.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 5, the result of the commission of appraisal to the Korea Land Information Corporation by this court, the purport of the whole pleadings

2. According to the facts acknowledged prior to the judgment, the remaining defendants except the plaintiffs and the defendant corporation purchased part of the real estate of this case from the defendant corporation by specifying the location and size of each of the real estate of this case and completed the registration of co-ownership shares, and the defendant corporation is the seller sold as above, and it is reasonable to view that the relation of co-ownership

Therefore, the plaintiffs can seek the registration of co-ownership transfer based on the cancellation of the above mutual title trust against the defendants who are in the mutual title trust relationship as the nominal owner of the pertinent real estate on the registry.

However, the purport of the claim as of October 16, 2019, including the plaintiffs' expression of intent to terminate the title trust agreement, and a duplicate of the application for modification of the cause of the claim, [Attachment 1] and [Attachment 1] to the defendants.

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