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(영문) 전주지방법원 2016.04.28 2014나9123
소유권이전등기 및 손해배상
Text

1. The litigation concerning the claim for land division shall be dismissed among the plaintiff's primary claims added in the trial;

2.In the trial, the trial shall be held.

Reasons

1. Basic facts

A. On October 10, 1969, E and representative class descendants F determined to G on October 10, 1969 as KRW 150,000,000,000,000,000,000,0000,000,000,000,000,0000,000,000,000,000,000,000,000,000

B. After the death of the spouse I first, G died on July 12, 2007, and his/her child has J, the Plaintiff, K, L, M, N, andO.

C. Meanwhile, the land C was assessed in the name of P around March 1914, and the ownership transfer was made in the name of Q ( Address: the former North Korean Military R) on July 17, 1925. On December 11, 1979, the registration of ownership preservation was completed in the name of the Defendant.

D Land is divided from C on October 31, 1973, and the registration of ownership preservation was completed in the name of the defendant on December 11, 1979.

E. The defendant Q, who is Q, is the father F.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 11, 12, Eul evidence 5, the purport of the whole pleadings

2. Determination as to the claim for land division among the primary claims

A. The main point of the assertion is that the Plaintiff purchases the attached Table 1, 10, 7, 6, 5, 4, 3, 2, and 1 in sequence among the land of C by specifying the sum of (a) and (b) parts in the ship connected each point in sequence of the attached Table 1, 10, 7, 6, 5, 4, 3, 2

B. If the judgment ordering the Defendant to register the transfer of ownership with respect to the part of land C purchased in installments, the Plaintiff may complete the registration of transfer in the name of the Plaintiff after completing the procedure for registering the change of the indication of land under Article 35 of the Registration of Real Estate Act by filing an application for partition of land pursuant to Articles 79 and 87 of the Act on the Establishment, Management, etc. of Spatial Data in subrogation of

Therefore, in addition to the claim for transfer registration of ownership, the claim for partition of land C among the lawsuit of this case seeking separate division of land is illegal as there is no benefit of lawsuit.

3...

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