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(영문) 수원지방법원성남지원 2016.05.19 2015가단217941
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The following lands, including the instant land, are land divided in sequence from E- 19,736 square meters of forest land and 12,992 square meters of forest land in Gwangju-si prior to the division, and the ownership relationship is as follows.

(A) On the basis of the parcel number, the lot number alone is indicated. The lot number owner G, H Plaintiff I, J Defendant AK Defendant D (instant land) Plaintiff (15847.5/19736), Defendant A (98/19736), Defendant B (2789.5/19736), Defendant C (11/19736).

B. The rough location and shape of the above land shall be as follows:

The instant land is used as a road from the public road to the above land along with adjacent M land.

P P QO C L L L JJJ A I T TW KD

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was to specify the location and size of the instant land along with G and H and purchase the instant land before the former. However, since the land E and F was divided before E and F, registration of partial share transfer was completed in the name of the Defendants, which were co-owners of E and F land before the division, and the said registration of share transfer was transferred even after the division.

Therefore, with respect to the land of this case, the plaintiff and the defendants are in co-ownership relationship by mutual title trust.

However, the Plaintiff terminated a mutual title trust with the instant lawsuit. As such, the Defendants are obligated to register the transfer of ownership with respect to the Defendants’ share in the instant land based on the termination of mutual title trust.

B. Determination 1 sectionally owned co-ownership is established when there is an agreement by many people to specify the location and area of a parcel of land.

In such cases, mutual title trust is established with respect to the registration of co-ownership of another co-owner's co-owner's share with respect to a certain portion of the land that one person wishes to own.

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