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(영문) 대전지방법원 2016.10.14 2016나100421

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 2002, the Plaintiff completed the registration of ownership transfer based on voluntary auction for the same day with respect to shares of 1/4 square meters out of 63,570 square meters in Sejong Special Self-Governing City C forest land.

B. The above land was divided into each real estate listed in the separate sheet, and the Plaintiff completed each registration of transfer of ownership on June 14, 2010 with respect to 2/4 shares among the real estate listed in the separate sheet No. 3 on July 15, 2010, and with respect to the remaining 1/4 shares due to the sale on June 14, 2010.

C. On June 3, 2014, the Defendant is an agricultural partnership established for the purpose of increasing the income of its members, and members D and H, who are the Plaintiff’s husband, invested in real estate or cash in the Defendant corporation.

Attached Form

The Daejeon District Court Sejong District Court's Sejong District Court's receipt of June 16, 2014, No. 24045 of the list No. 1, 2, and 4 with respect to the shares of 1/4 of the Plaintiff among the real estate listed in the list No. 1, No. 25185 of the Daejeon District Court's Sejong District Court's receipt of June 20, 2014, No. 25185 of the list No. 5, No. 25186 of the list No. 251, No. 25183 of the list No. 201, No. 25183 of the receipt of June 20, 2014, and No. 25183 of the list No. 201, May 25, 2014, the registration of transfer of ownership in the Defendant's name (hereinafter collectively referred to as "each of the instant real estate") was completed.

E. On December 4, 1995, the Plaintiff filed a report of marriage with D and maintained a marital life. However, on September 22, 2014, the Plaintiff filed a lawsuit claiming divorce and solatium, and filed a lawsuit claiming divorce and division of property as a counterclaim.

Each of the above lawsuits is pending in the Daejeon Family Court as of the date of closing the argument of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 17, Eul evidence 1, 2, and 6 (including branch numbers, hereinafter the same).