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(영문) 부산지방법원 2016.03.11 2014가단248198

소유권이전등기

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1. Defendant B Co., Ltd. is the Changwon District Court on May 25, 2007 regarding each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the forest E, 9,887 square meters in Gyeongnam-gun, Gyeongnam-gun (hereinafter “the forest before division”).

B. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a sales contract on May 14, 2007 (hereinafter “instant sales contract”) with respect to forest land before its division, on May 14, 2007, and accordingly, the Defendant Company completed the registration of transfer of ownership as the receipt No. 10205 on May 25, 2007, by the Changwon District Court’s Busan District Court’s registration office.

C. On September 26, 2008, Defendant D completed the registration for the establishment of a mortgage (hereinafter “registration for the establishment of a mortgage of each of the instant regions”) with regard to forest land prior to its division, at No. 17206 received on September 26, 2008, No. 17206 (the maximum bond amount of KRW 150,000) and at No. 13259 (the maximum bond amount of KRW 50,000) received on October 16, 2009.

Part of the forest land before subdivision was newly divided into each forest land listed in the separate sheet on March 15, 2010 (hereinafter “each forest of this case”), and the remainder was 5,157 square meters of the forest land E in Gyeongnam-gun, Busan-do.

E. On April 10, 2013, Defendant D, as a mortgagee based on the registration of creation of a neighboring forest of the instant case, applied for an auction of all the instant forests and remaining forests, and the voluntary decision to commence auction was rendered to Jinwon District Court I on the same day. On August 7, 2014, Defendant D sold the remaining forests to a third party. However, Defendant D withdrawn the application for auction on August 18, 2014 with respect to each of the instant forests.

[Basis] The basis for recognition of the defendant company: The absence of dispute against the defendant company (which is deemed as a confession under Article 150 (3) of the Civil Procedure Act): Each entry in Gap 1 and 2 (including the provisional number)

2. The plaintiff's assertion

A. The Defendant Company’s claim against the Defendant Company shall have the ability or intent to pay KRW 150,000,000,000 as stipulated in the instant sales contract from the beginning.