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(영문) 인천지방법원 2016.11.04 2016가단216181
소유권이전등기
Text

1. As to the 1901 square meters of G forest land in Incheon Cheongjin-gun

A. Defendant D each applies to Plaintiff A, respectively, to Plaintiff B and C with 2385/13400 shares, respectively.

Reasons

1. Facts recognized;

A. With respect to the shares of the Plaintiff A, each 32/672 shares, among the 48/672 shares of H-gun, Incheon Cheongjin-gun, which was divided (hereinafter “the instant land before division”), the transfer registration for shares of the Plaintiff B, C (the Plaintiff’s inheritance acquisition on May 15, 2005), 13.06/96 shares of the Plaintiff I (the acquisition on August 13, 2008), and 66.94/96 shares of the J (the acquisition on August 13, 2008) was completed for shares of the Plaintiff B, C (the Plaintiff’s inheritance acquisition on May 15, 2005), respectively.

B. The Plaintiffs, I, and J agreed to divide the instant land before subdivision into three parts on September 2008 and divide the instant land into three parts, and each of them is divided, such as the separate division indication, as the Plaintiffs’ sharing of the part indicated on the names of the Plaintiffs, I, and J agreed to the part indicated on the I’s name as the sole ownership, I, and J’s sole ownership.

C. After that, on December 23, 2009, the portion of the land before subdivision, which the Plaintiffs agreed to share, was divided into 1901 square meters of G forest land in Incheon Cheong-gun, Incheon (hereinafter “instant land”). The portion that I decided to own was 151 square meters of K forest land and 1551 square meters of land and the portion that J decided to own was divided into H forest land and 7953 square meters of land.

On December 29, 2009, with respect to the share of 38.975 shares in J on each of the above real estates on December 29, 2009, the registration of the share transfer made on December 17, 2009 in the name of Defendant D, with respect to the share of 16.7 shares in the name of Defendant E, and with respect to the share of 11.265 shares in the name of Defendant F, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 3, evidence 4-1 to 3, evidence 5-1 to 6-7, witness L's testimony and the purport of whole pleadings

2. Determination

A. In a case where there exists an agreement stipulating the location and area of a certain parcel of land under which many persons agree to divide the jointly owned property, or where the co-owners have occupied, used, or used each parcel of land by specifying the sectional ownership from that point of time (see Supreme Court Decision 2008Da44313, Mar. 26, 2009), the co-ownership relation of sectional ownership may be established.

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