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(영문) 대구지방법원 2015.08.21 2014나16652

지분이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff’s share of 1/3 of the 32,188 square meters of Daegu Northern-gu D Forest, Defendant C.

Reasons

1. Basic facts

A. The Defendant B, F, and G shared shares of 1/3 shares in the forest E-gu, Daegu Northern-gu, 113,613 square meters (hereinafter “the forest before the instant subdivision”). However, the Plaintiff acquired 1/3 shares of F through public sale on May 15, 200, thereby sharing the shares of the Plaintiff, Defendant B, and G at each of 1/3 shares.

B. On December 29, 2004, the instant forest was subdivided into 32,188 square meters of forest land in Daegu Northern-gu E (hereinafter “E”), 22,188 square meters of forest land in Daegu Northern-gu H (hereinafter “H”), 32,188 square meters of forest land, 32,188 square meters of forest land in Daegu Northern-gu D (hereinafter “D”), 42,188 square meters of forest land, 17,049 square meters of forest land in Daegu Northern-gu I (hereinafter “I”) in 17,049 square meters of forest. The instant forest was subdivided into 32,188 square meters of forest land in Seoul-gu (hereinafter “Seoul”) on March 10, 205 into 14716, 2005, with the share of 13 square meters in B, 32,188 square meters of forest and forest land owned by the Plaintiff on March 9, 2005, and 181 square meters of forest land in G, 381, 281, forest and forest land in Korea.

(In the same content as above, the agreement between the Plaintiff, Defendant B, and G to divide the forest before the instant partition is deemed to be the co-owned property partition agreement of this case).

The Plaintiff is the Plaintiff’s “J et al.” and the “J et al. of Daegu Northern-gu, Daegu-gu, Seoul-gu, with the size of 32,188 square meters for E forest land owned by the Plaintiff, once again 23,140 square meters for E forest land owned by the Plaintiff (hereinafter “final subdivided E”).

After dividing the forest into 9,048 square meters, on August 4, 2005, the last subdivided forest E 23,140 square meters was sold to K, and on August 18, 2005, the transfer registration under the name of K was made.

However, the share of Defendant B among the forest land before the instant partition is made by the bankrupt on July 22, 2002.