Method of indicating a share by converting a part of land purchased with specific land after replotting into previous land.

Since shares refer to the share of a certain ratio in relation to the entire land, when a share is indicated by converting a specific part of the land after replotting into the previous land, the entire land register before and after replotting shall be converted according to the ratio of the entire land after replotting: The whole land register after replotting = the land register after replotting is made by the method of "land register after land purchase after specific purchase" is reasonable.

Article 262 of the Civil Act, Article 89 of the Registration of Real Estate Act

[Judgment of the court below]

Defendant

Seoul High Court Decision 80Na2515 delivered on February 20, 1981

The part of the judgment below against the plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Ground of appeal Nos. 1 and 2

(1) The court below's decision 2: (1) The defendant purchased shares of 3,05 square meters from 195 to 3.5 square meters of the above land and then purchased shares of 7.44 square meters of the above land at 7.44 square meters of the above land. (2) The defendant purchased shares of 16.3 square meters of the above land at 196.4 square meters of the above land and then purchased shares of 16.4 square meters of the above land at 196.3 square meters of the above land. (3.5 square meters of the above land.) The defendant purchased shares of 16.4 square meters of the above land at 196.4 square meters of the above land and then purchased shares at 16.4 square meters of the above land, but the defendant purchased shares of 168 square meters of the above land at 196.3 square meters of the above land and the above portion of the land registered as 14.3 square meters of the above land at 1967.4 square meters of the above land's of the above land.

If it is not calculated as above, but it is converted into the cadastral register of the previous land according to the reduction rate of each land substituted as above, if the reduction rate of each land substituted by the above substitute is different from each other, even if 6.7 square meters are specified and purchased after the substitute land, the share indication based on the entire land register may vary depending on each land. Thus, the judgment of the court below that recognized the ratio of share to be transferred to the plaintiff in this case as stated in the judgment of the court below is erroneous in the misapprehension of legal principles as to calculation of the ratio of co-ownership, and it is obvious that this error affected the judgment, and it is not reversed without examining the remaining grounds of appeal.

Therefore, the part of the judgment below against the plaintiff is reversed and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)