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(영문) 부산지방법원 2016.11.15 2015가단235502
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 31, 1986, the Plaintiff owned the portion of 373/621 square meters in D Special Metropolitan City, Kimhae-si, Kim Jong-si (hereinafter “Seoul Special Metropolitan City”). On May 12, 201, the Defendant completed the registration of ownership transfer with respect to each portion of 248/621 square meters in the land before subdivision. On May 12, 201, the Plaintiff owned the portion (B) 226.5 square meters in which the Plaintiff connects each point of 6, 7, 4, 5, and 6 of the attached drawing indication of the attached drawing among the above land, and the part (A) which connects each point of 1,2, 3, 7, 6, and 1 of the same drawing indication among the above land by the Defendant in sequence.

B. The Defendant filed a claim against the Plaintiff for partition of co-owned property as Busan District Court Decision 2014Kadan6578, and the above court rendered a judgment against the Defendant on August 26, 2014 on the ground that the Plaintiff and the Defendant respectively owned a mutual title trust relation.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer under Busan District Court Decision 2013Kadan57289, and the above court rendered a favorable judgment against the Plaintiff to the effect that, on August 26, 2014, the Plaintiff had the Defendant implement the procedure for the registration of ownership transfer based on the cancellation of title trust with respect to the share of 248/621 out of the portion of (B) part of the land before partitioning the Defendant’s share of 6, 7, 4, 5, and 6 on the ground that the Plaintiff and the Defendant were in a mutual title trust relationship with respect to the portion of the land before subdivision.

Accordingly, although the defendant appealed by Busan District Court 2014Na15344, the appeal was dismissed on September 2, 2015, the above judgment became final and conclusive on September 22, 2015.

On October 15, 2015, the land before subdivision was divided into D large 226.5 square meters (hereinafter “instant real estate”) and E large 150.6 square meters.

On October 23, 2015, the registration of entire shares in the Plaintiff’s name was completed on the ground of the termination of title trust with respect to the Defendant’s shares in relation to the instant real estate, and the instant real estate was owned solely by the Plaintiff.

E. Meanwhile, Kimhae-si is the Plaintiff on March 2014 and June 2014.

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