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(영문) 광주지방법원순천지원 2016.12.22 2015가단19425
명의신탁해지로 인한 소유권이전등기
Text

1. The Defendant’s share on January 4, 2016 with respect to 99/84 of each of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 6, 2014, the Plaintiff and the Defendant agreed to exchange approximately 30 square meters out of approximately 884 square meters of C, C, C, and C, 884 square meters (hereinafter “land before subdivision”) owned by the Plaintiff and approximately 944 square meters prior to the subdivision owned by the Defendant (hereinafter “land before subdivision”). Since the division of land requires considerable time, the Plaintiff completed the registration of ownership transfer on October 6, 2014 with respect to the share of KRW 99/84 of land before subdivision.

B. On November 3, 2014, the land: (a) was divided into the real estate indicated in the separate sheet (hereinafter “each of the instant land”) and the E- 104 square meters of forest land (hereinafter “F forest land registration conversion” on December 11, 2014); and (b) before the division, the land was divided into the area of 840 square meters and 104 square meters of land before D on November 3, 2014.

C. On November 27, 2014, the Plaintiff and the Defendant entered into a co-owned property partition contract (hereinafter “instant contract”) with the Plaintiff on the following grounds: (a) the instant land among the land before partition is owned by the Plaintiff; (b) the land before partition is owned by the Defendant; and (c) the land before partition is owned by the Defendant; and (d) the land before G is owned by the Defendant with the land of KRW 840 square meters; and (e) the land before partition is owned by the Plaintiff. Accordingly, on December 12, 2014, the Defendant completed the registration of ownership transfer on the land of KRW 104 square meters before G on the ground of sale.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence (including the number with each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the plaintiff and the defendant have a mutual title trust relationship between the plaintiff and the defendant, since they specified the land of this case among the land before partition as owned by the plaintiff, and the land of this case is owned by the defendant, and the land of this case E, 104 square meters of forest land is owned by the defendant, and only the ownership transfer registration is completed for convenience, and only the ownership transfer registration is completed for convenience.

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