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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Attached Form
With respect to the 66/450 shares of the real estate listed in the list (hereinafter “instant land”) on October 15, 1972 on the ground of sale and purchase on October 19, 1985, the respective transfer registration for ownership was completed in the Plaintiff’s future on July 27, 2017 on the ground of sale and purchase on July 24, 2017.
[Grounds for recognition] The Plaintiff’s assertion of the purport of Gap evidence Nos. 1 and 2 and the purport of the entire argument is as follows: at the time of purchasing from Gap the share of 3264/3825 of the land of this case, the Plaintiff purchased the part (B) and 384 square meters (hereinafter “part (B)”) of the ship connected in order to each point of 8, 2, 3, 4, 5, 6, 7, and 8 of the attached drawings, which was possessed and managed by Gap; thereafter, the Plaintiff possesses and manages only the part (B) and the Defendant possesses only the part (a) and 66 square meters (hereinafter “part (A) of the land of this case”) connected in order to each point of 1,8, 7, and 1 attached drawings. Since the Plaintiff has de facto boundary between (a) and (b), the Plaintiff is seeking the division of the land of this case, as stated in the purport of the claim.
Judgment
In the event that a part of the land in a mutual title trust relationship or sectionally owned co-ownership relationship has been transferred by specifying and completed a co-ownership registration as to the whole land for convenience, the registration of the trustee under mutual title trust is valid, and if the specific part has been transferred before and the co-ownership registration has been completed accordingly, the mutual title trust relationship between the first transferor and the last transferee of the specific part is established by transferring the status of mutual title trust (see, e.g., Supreme Court Decision 88Da14366, Jun. 26, 190). The sectional owner of the specific part of the land in the mutual title trust relationship or sectionally owned co-ownership relationship can seek implementation of the share transfer registration procedure against the person holding the share registration as to that part on trust.