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부산고등법원(창원) 2015.04.09 2014나1082

소유권이전등기말소등기등

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Relevant Party 1) The Plaintiff’s respective real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”).

(2) Defendant B, through agent E, purchased each of the instant real estate from D through agent F, and completed each of the instant registration of ownership transfer. Defendant Jinju Agricultural Cooperative Co., Ltd (hereinafter “Defendant Agricultural Cooperative”) conducted a loan to Defendant C as collateral, and completed the registration of establishment of a neighboring real estate as to the instant real estate No. 2.

3) G as a certified judicial scrivener, represented the application for registration of the instant real estate Nos. 1 and 2. B. Around 2004, the Plaintiff and D’s transaction details 1) issued a registration certificate became aware of D in the course of purchasing the real estate located in Gyeongnam-gun through D’s brokerage. On October 201, 201, the Plaintiff became aware of D’s mutual name, “I real estate” (at that time, D had operated the real estate business without business registration in some of the stores located in the store located in Gyeongnam-gun, Nam-gun, X-gun, X-gun, and the Plaintiff became aware of D’s contact again.

From October 201 to December 201, the Plaintiff: (a) heard from D that “The first and second real estate in this case is a commercial area; and (b) whether it is possible to combine it; (c)” the Plaintiff issued D a certificate of registration of the first and second real estate in this case.

2) The Plaintiff delegated the disposal of H land from D around January 2012 to J, K, and L (hereinafter “instant H land”).

(B) dispose of the land in KRW 14,3430,00,000,00 and instead of the market value of KRW 9,724,00,000,00 in total, Y(Z) ownership, AA(AB ownership), and AC(AD land.