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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. As regards G forest land in Gwangju-si (hereinafter “instant mountain land”), 1079 square meters of H forest land, 1079 square meters of forest land, 308 square meters of forest land, 782 square meters of J forest land, and 6380 square meters of K forest land (hereinafter “instant mountain land and other land”), the registration of co-ownership transfer has been completed as follows.
Plaintiff A 3219/67214 B 9632/67214 C 12347/67214 Defendant D 10135/67214 E 2210/67214 F 71/67214
B. Defendant F awarded a successful bid of 771/67214 shares in the case of compulsory auction of each of the instant land at this Court LD Real Estate L, and acquired them on October 12, 2016.
【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings】
2. The Plaintiff’s assertion and determination Plaintiffs asserted that each land of this case was mutually nominal among co-owners, and that the title trust was terminated as a delivery of a duplicate of the instant complaint. Of each land of this case, the Plaintiffs seek the transfer of shares of the Defendants as to the land of this case, which the Plaintiffs trusted in trust to the Defendants.
In the so-called sectional co-ownership relationship in which two or more persons agree to specify the location and area of one parcel of land as sectional ownership and they register as co-ownership of that sectional owner. Each sectional co-owner disposes of his/her own right to another person, there may be cases where he/she disposes of a specific part which is the object of sectional ownership and transfers his/her co-ownership shares on the registry as a table for the specific part, and disposes of them as a true co-ownership share for the whole parcel of land as entered in the registry. In the case of the former, the sectionally owned co-ownership relationship for the third person is succeeded, but in the latter case, the third person acquired co-ownership for the entire real estate
Since this is the same in the auction, it falls under the former.