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(영문) 광주지방법원순천지원 2017.10.19 2017가단5765

소유권이전등기말소 등

Text

1. As to the share of 1322.64/2678 square meters out of D forest land 2678 square meters in opticalyang-si:

A. Defendant B shall be the Gwangju District Court to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B filed a lawsuit against the Plaintiff and Defendant E by asserting that the 410 square meters out of 2678 square meters of D forest land (hereinafter “the instant forest”) was in title trust with the Plaintiff as a share in Defendant B’s ownership [the Gwangju District Court 2012Gahap3266 (main claim), 2012Gahap3522 I)] of the instant lawsuit was decided on June 30, 2013 by the collegiate division of the said lawsuit (hereinafter “the instant decision on recommending reconciliation”). The said decision on recommending reconciliation became final and conclusive on July 5, 2013.

The main contents of the decision to recommend reconciliation in this case are as follows.

1.(a)

The Plaintiff (Counterclaim Defendant) B shall be paid to the Defendant (Counterclaim Plaintiff) a total of KRW 240 million, which is KRW 120 million by September 30, 2013, and KRW 120 million by December 31, 2013 and KRW 120 million by December 31, 2013.

B. The Defendant (Counterclaim Plaintiff) received all the amount described in the foregoing paragraph (a) from the Plaintiff (Counterclaim Defendant) B, and subsequently, the Plaintiff (Counterclaim Defendant) shall implement the procedure for the registration of ownership transfer based on the restoration of real name as to each real estate listed in the separate sheet.

(Interim omitted) List of Attached Real Estate

1. Not less than 5585§³ prior to Magyang-si;

2. D forest land in opticalyang-si: 2678 square meters;

B. After Defendant B fully paid KRW 240 million to the Plaintiff according to the decision on the recommendation for reconciliation, Defendant B completed the registration of ownership transfer on the forest of this case on June 10, 2014 due to the restoration of the true title on July 5, 2013. On the same day, Defendant C completed the registration of ownership transfer on the forest of this case with respect to the creation of a neighboring maximum debt amount of KRW 70 million to Defendant C.

C. Although Defendant B completed the registration of transfer of ownership with respect to the entire forest of this case, which is the shares of Defendant B among the forest of this case, the Plaintiff was aware that he completed the registration of transfer of ownership with respect to the entire forest of this case, and filed an application for rectification of the said decision of recommending reconciliation with the Gwangju District Court Netcheon Branch Branch of 2015Kao55, and the said court on February 12, 2015, in the list of real estate attached to the said decision of recommending reconciliation, “2678m268m268m2” in the attached Table of the said decision of recommending reconciliation D. D. 2.