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(영문) 제주지방법원 2020.01.16 2018가합714
경계확정의 청구
Text

1. The defendant shall be the plaintiff.

A. The title trust is terminated as of October 14, 2019 with respect to the share of 69/615, out of 546 square meters in Jeju-si.

Reasons

Basic Facts

Before the division and transfer of the instant land, the Plaintiff owned 546/615 shares from 1986 to 546/615 shares, and the Defendant’s mother owned 69/615 shares, respectively.

On October 30, 1996, the above land was divided into C & 546 square meters in Jeju-si (hereinafter “1 land”) and Eand 69 square meters in size (hereinafter “2 land”).

On April 15, 2014, the Defendant completed a share transfer registration made on April 9, 2014 with respect to the share 69/615 of D's name among the land No. 1 of this case.

Of the instant land No. 2, the registration of ownership transfer was completed on the Plaintiff’s 546/615 portion in the Plaintiff’s name on December 2, 1996 due to the cancellation of title trust as of June 1, 1996, and the Defendant completed the registration of ownership transfer on the instant land No. 2 as of April 15, 2014.

Accordingly, the Plaintiff owned 546/615 shares, and the Defendant owned 69/615 shares, and the land No. 2 was owned by the Defendant solely.

Meanwhile, the Defendant, among the land No. 1 of this case, uses part (B) and part (B) of 6 square meters in order to connect each point of the attached drawing No. 16, 17, 18, 19, 20, 21, and 16, as part of the warehouse site constructed on the land No. 2 of this case by the Defendant.

On September 1, 1996 between the Plaintiff and D, the Jeju District Court 96Da6249 (96s.2283) rendered a compulsory adjustment decision as to the land in this case 1 and 2, and the Plaintiff and D rendered a compulsory adjustment decision with the purport that “The Plaintiff shall implement the procedure for the registration of ownership transfer on the ground of the cancellation of title trust as of June 1, 1996 with respect to the portion of the land in this case 69/615 of the land in this case out of the land before subdivision, as to the portion of the land in this case 546/615 of the land in this case among the land before subdivision, D shall implement the procedure for the registration of ownership transfer on the ground of the cancellation of title trust as of June 1, 1996.”

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