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TITLE	[Registration of Title Transfer]Supreme Court Decision 2002Da60207 Delivered on March 11, 2005 [full Text]
Summary
[1] In case where a land subject to the mutual title-trust registration and therefore the so-called co-ownership with the substance of partitioned ownership is ordered to be replaced with a substitute land, whether the mutual title-trust relationship shall terminate due to the land substitution order (affirmative with qualification) [2] The court's exercise of the right to request elucidation and its scope; the issue of whether the court is under a duty to point out such omission and thereby provide the party with an opportunity to plead for the omitted fact, where the party alleged a certain legal effect but omitted a part of its factual element without realizing it (affirmative)

TITLE

[Registration of Title Transfer]Supreme Court Decision 2002Da60207 Delivered on March 11, 2005 [full Text]

Summary

[1] In case where a land subject to the mutual title-trust registration and therefore the so-called co-ownership with the substance of partitioned ownership is ordered to be replaced with a substitute land, whether the mutual title-trust relationship shall terminate due to the land substitution order (affirmative with qualification) [2] The court's exercise of the right to request elucidation and its scope; the issue of whether the court is under a duty to point out such omission and thereby provide the party with an opportunity to plead for the omitted fact, where the party alleged a certain legal effect but omitted a part of its factual element without realizing it (affirmative)

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