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(영문) 울산지방법원 2015.04.01 2014가단9204

소유권이전등기말소등기절차이행 등

Text

1. The Defendants are to the Plaintiff:

A. As to the share of 353/2,823 of the real estate listed in Attachment List No. 1.

Reasons

1. Facts of recognition;

A. From July 1, 2004 to June 30, 2005, the Plaintiff was acting as the president of the District (hereinafter “D”). A district used KRW 350,000,000, out of the amount of KRW 786,000,000, borrowed from the point of view of the defense-defacied agricultural cooperative, Song-dong on January 4, 2005.

B. The D District demanded the Plaintiff to compensate. On July 18, 2005, the Plaintiff divided the Plaintiff’s share of 706/2,823 square meters out of the 2,823 square meters in Ulsan-gun E-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, and the Plaintiff’s share of 1,584 square meters out of the above land into F on January 28, 201.

hereinafter referred to as “E land with E 1,239 square meters after division,” and “F land with F 1,584 square meters in size after division.”

'G land less than 'G land' in the attached list No. 2 of the real estate in the attached list.

H land of less than 575 square meters in Jeju and 1/2 of the shares in relation to H and 575 square meters in H in Jeju.

(C) As to the portion of 575/1,779 among Defendant B and C’s shares, each share transfer registration was completed under the joint names of Defendants C and C. On July 28, 2005, Defendant C prepared a written confirmation that the Plaintiff paid all KRW 350,00,000 useful to the Plaintiff. D. The Ulsan Metropolitan City Urban Corporation accepted F’s land on April 19, 2013, and paid compensation for expropriation of KRW 33,018,290 with respect to Defendant C’s share, and the Defendants sold the Defendants’ share of H land to I on October 30, 2006, and received KRW 18,83,333,33 [In the absence of any grounds for recognition, evidence Nos. 1-4, 1-2, 32, and 3-2 of the evidence No. 350, the purport of the oral argument concerning the Seoul Metropolitan City Corporation’s president, the fact inquiry of the previous purport of oral proceedings.

2. Determination

A. According to the judgment on the cause of the claim, according to the facts acknowledged earlier, the Plaintiff completed the registration of the transfer of shares in each land owned by the Plaintiff as a security of KRW 350,000,000, which was useful to the Plaintiff, with respect to each land owned by the Plaintiff, and the Plaintiff paid all useful money on July 28, 2005. Therefore, the Defendants are obliged to perform the registration of cancellation with respect to each land owned by the Plaintiff as security, except in extenuating circumstances.

And the defendants are F-land and H.