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(영문) 수원지방법원여주지원 2015.10.22 2015가합10034

진정명의회복 등 청구

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A had both N and Defendant J, K, L, and M under the supervision of the Republic of Korea, and had been living together with N in the Republic of Korea.

B. On April 29, 2014, A entered into a sales contract for each of the instant land with Defendant C, F, G, and H (hereinafter “each of the instant sales contracts”) and completed the registration of ownership transfer with Defendant C, F, G, H, and I on June 2, 2014 and June 11, 2014.

Since then, the land Nos. 2, 3, 5, and 6 of this case had been registered for ownership transfer to Defendant D and E. The land Nos. 4 and 8 of this case had been registered for ownership transfer to Defendant H, and the land Nos. 9 and 10 of this case had been completed to Defendant G through the partition of co-owned property.

C. Meanwhile, on June 2, 2014, the Defendant Livestock Industry Cooperatives completed the registration of the establishment of a neighboring mortgage on the land Nos. 1, 3, 5, and 6 of this case, and the registration of the establishment of a neighboring mortgage on the land Nos. 3, 4, 5, 6, 8, 9, and 10 of this case, respectively.

The details of each of the instant sales contracts and the establishment of mortgage rights and superficies are summarized as follows.

List No. 1 (O) on April 29, 2014, No. 3912, Jun. 2, 2014, Defendant M&D No. 23914, Jun. 2, 2014; Defendant M&D No. 23915, Jun. 2, 2014; Defendant M&D No. 23915 (P) on June 2, 2014; Defendant M&D No. 23916, Aug. 2, 2014; Defendant M&D No. 36148, Aug. 11, 2014; Defendant M&D No. 36148, Sept. 23, 2014; and Defendant M&D No. 36148, Sept. 24, 2014;