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(영문) 대전지방법원서산지원 2015.02.06 2014가단4721
소유권말소등기 등
Text

1. As to the Plaintiff with respect to the area of 677 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun:

A. Defendant Thai-gun is the Daejeon District Court's Taean Branch of the Daejeon District Court on February 2, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant B, and Nonparty D were co-ownershiped by the Plaintiff, and the Plaintiff, Defendant B, and Nonparty D. Each co-ownership was 535/846 shares, 142/846 shares, and 169/846 shares.

B. On April 23, 1997, the above co-owners filed an application for subdivision in accordance with the Act on Special Cases Concerning the Partition of Co-Owned Land, which was in force at the time of dividing only the said D’s land. The co-owners divided the said D’s land into the said D’s sole ownership of the said D’s land and the said D’s remaining 169 square meters, and the remaining 677 square meters were 535/67 square meters, and Defendant B shared 142/67 shares, and the said decision to commence subdivision became final and conclusive.

C. However, on August 13, 1997, the Daejeon District Court, Taean-gun, Taean-gun, the Plaintiff and Defendant B shared registered that the Plaintiff’s share was half (338.5 shares in calculation) of the Plaintiff’s share at the time of registration of change of ownership (337.5 shares in calculation) and one half of the Plaintiff’s share (338.5 shares in calculation).

On February 24, 2012, Defendant Thai-gun completed the registration of ownership transfer as the receipt No. 4961 on March 7, 2012, by acquiring public land through consultation on February 24, 2012 regarding Defendant B’s shares.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts-finding, unless there are special circumstances, 196.5/67 of the shares in Defendant B (i.e., 338.5/67 - 142/67 of the shares in Defendant B) is a registration that has no ground for registration and is subject to invalidation. Of the shares in Defendant Thai-gun transferred from it, 196.5/67 of the shares in Defendant Thai-gun is also a registration of invalidation. Thus, the Plaintiff with respect to the size of 677m2 before Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon District Court (Seoul District Court) and the Plaintiff with respect to the size of 67m2 in Daejeon-gun, Daejeon District Court (Seoul District Court No. 4961, Mar. 7, 2012). 67/196.

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