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(영문) 수원지방법원평택지원 2017.05.18 2016가합8536

유치권부존재확인

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1. Of the instant lawsuit, the part of the claim against the Defendants for confirmation of the absence of lien is dismissed.

2. Defendant A.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet 16,463 square meters and the separate sheet 1 to 16 attached hereto. The Plaintiff is the person entitled to the provisional registration of the right to claim ownership transfer of each real estate listed in the separate sheet 17, 19 through 21, 23, and 24 (the Plaintiff is the person entitled to the provisional registration of E shares out of 639 square meters of Pyeongtaek-si D 639 square meters of land, one of the primary development sites as follows). The Defendants reported the right to retention in the Suwon-si C 16,463 square meters of land and 16, and in the auction of F Real Estate in the Suwon District Court for each real estate listed in the separate sheet 1 to 16.

B. The ownership relationship and division 1) E, G, H, and I are relative relatives, and are 16,463 square meters in Pyeongtaek-si Jin Park around 195 (hereinafter “J forest”) around 1995.

(C) As well as C Forest land 16,463 square meters (hereinafter “C Forest”), the instant real estate is collectively referred to as “instant real estate” in the J Forest and C Forest.

With respect to E, 6,545/32,926/32, G 32,926/32, 32,926/32, H 6,612/2, and 1/2 of H were jointly owned by acquiring each share. Division on May 26, 2008 and October 10, 2008 as of October 10, 2008; Division J 16,463 square meters and 16,126 square meters of forest land and land development (hereinafter “ABD AB ABD”) divided under the BAD ABD AB ABD ABD ABD ABD ABD development schedule and ABD ABD ABD ABD AD AD AD AD A on May 25, 207.

3) On July 11, 2008, as to C forest land, by partition of co-owned property, E owned each share of 2,809/163, G 16,463, 16,427/163, H 3,95/163, and 8,232/16, and I acquired each share of 1,845/289, H 381/289, H 381/10289, and H 381/10289, and 8,063 shares of the above D, D, AF, AF, AG, AH forest land, E, AB, and AI after the division, H acquired the ownership of each share of the said land.

(c) I and AK.