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(영문) 대구지방법원 2016.08.12 2015가단127
공유물분할로 인한 소유권이전등기
Text

1. The Defendants shall pay to the Plaintiff each share on August 28, 2015, indicated in the separate sheet among the 3,306 square meters of forest land in Daegu-gu I, Daegu-gu.

Reasons

1. Facts of recognition;

A. The ownership transfer registration was made in the name of K with respect to the forest Jin-gu, Daegu, Daegu (hereinafter “Jin-gu”) 19,438 square meters prior to the division. However, with respect to shares 3,306/19,438 on October 23, 1998, a share transfer registration was made in the Plaintiff’s name on the ground of sale and purchase on October 23, 1998, and thereafter on July 14, 2005, the forest land as indicated in the order (hereinafter “the forest of this case”) was divided in the forest of this case prior to the division.

B. As to the shares of K in the forest land before the instant partition and the forest land of this case, upon Defendant H’s subrogation application on February 24, 2006, on May 1, 2007, 861.385/9,719 shares on May 1, 2007, Defendant B, each of the shares was registered under Defendant C, D, E, F, and G’s name with respect to each of the shares in the name of Defendant B, 1,240.923/9,719.

On the same day, Defendant H made a transfer registration on July 5, 1982 with respect to the share of 4,959/126,347 out of the above share of Defendant B, and the share of 3,306/126,347 out of each share of Defendant C, D, E, F, and G, respectively.

C. The Plaintiff’s sales contract signed on May 8, 1989 in the Plaintiff’s fraudulent L and K name was indicated as “3,306 square meters (100 square meters) toward the south of the forest before the division, not the ownership of the forest before the division, but the area as “3,306 square meters (10 square meters) from the south of the forest before the division.

On July 14, 2005, the Plaintiff and K filed an application to divide the instant forest into 16,132m2 and the instant forest to the head of Daegu North Daegu-gu, Daegu-gu, Daegu-gu, Daegu-do, and the instant forest. On July 14, 2005, the said J forest owned by K, and the instant forest delegated the registration application for ownership transfer due to the partition of co-owned property as owned by the Plaintiff.

[Ground of recognition] Unsatisfy, each entry of Gap1 to 7 evidence (including the paper number), witness M's testimony, the purport of the whole pleadings

2. Determination

(a) Many persons agree to own a part of one land separately, and only the registration shall be divided into sectional ownership for convenience.

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