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(영문) 의정부지방법원 2018.06.28 2017가단122192

소유권말소등기

Text

1. The Defendant shall pay 4690/5695 shares out of 1005 square meters of forest land D, Nam-si, Namyang-si, Inc. to Plaintiff Incorporated Agricultural Company B.

Reasons

1. Facts of recognition;

A. On July 13, 2011, 201, 70 square meters of F forest land, 20 square meters of the instant forest land (D), and 4620 square meters of E forest land (hereinafter “the first division”) at the request of the Defendant, the forest land of this case was divided into 70 square meters of forest land, 200 square meters of forest land, and 4620 square meters of forest land (hereinafter “the instant forest land”). In principle, each land shall be specified as

(2) On October 19, 2016, E forest land 4620 square meters was re-divided into E forest land 3627 square meters, and h forest land 993 square meters (hereinafter “second division”). Prior to this, ① F forest land 70 square meters is converted into forest land 64 square meters on March 5, 2014, and land classification was changed on October 17, 2014.

3) The procedure for the subdivision registration on each land of Gri was completed immediately after the second subdivision. After the second subdivision, the subdivision registration procedure was completed: ① the forest of Fri, ② the forest of this case, ② the forest of this case, ② the E forest of 3627 square meters, and ② the approximate location of H forest of 993 square meters are as shown in the annexed Form 1. B. Meanwhile, before the subdivision, E forest of this case was owned by I separately, but the land of this case was owned by I for the co-ownership of 5695 square meters prior to the subdivision, but the right to claim the ownership transfer registration based on the sales contract was the preserved right, and the provisional disposition was completed on August 10, 2005 (the government district court 2005Ka6308) and the provisional disposition registration was completed on the 10th of the same month (the government district court 2005Kadan6308).

(hereinafter referred to as “instant provisional disposition” or “the instant provisional disposition”, and on August 31, 2007, some shares were transferred to J, and the I and J shared forest land E before division.

(I’s equity 1005/5695, J’s equity 4690/595). While the provisional disposition of this case was registered, on July 27, 2006, the registration of the establishment of a neighboring mortgage was completed in relation to the forest land E before the division, and thereafter on May 28, 2010, the auction was commenced on May 28, 2010 at the request of K (Korean Government District Court L). Plaintiff A (hereinafter “Plaintiff A”).

(2) The instant forest and field in this case, and 3. The maximum price of 4620 square meters in E shall be purchased on May 25, 2012 after the first subdivision of the said forest and field before the said subdivision. < Amended by Act No. 11488, May 25, 2012>