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(영문) 수원지방법원성남지원 2016.03.11 2014가단227897

소유권이전등기말소등

Text

1. As to shares of 1/4 of the real estate listed in Schedule 1,

A. Defendant B shall have the Suwon District Court against Defendant E.

Reasons

1. Basic facts

A. The sale, etc. of each real estate listed in the attached list 1 and 2) Defendant E’s clan (hereinafter “Defendant E’s clan”)

On June 30, 2009, in the presence of both the Plaintiff, Defendant B, C, and F, the Defendant clan owned on June 30, 2009, G G 1137 square meters (hereinafter “G land before division”).

(1) The contract under which the Defendant B and three other parties purchase KRW 270 million (hereinafter “instant contract”).

2) On December 30, 2009, G land was divided into the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and the real estate listed in the separate sheet No. 2 (hereinafter “instant two real estate”). On December 31, 2009, Defendant B completed the registration of transfer of ownership on the instant one real estate; Defendant C completed the registration of transfer of ownership on the instant two real estate; and on December 3, 2010, the registration of creation of a collateral security (hereinafter “instant collateral security”) was completed on the instant one real estate by the obligor B, and Defendant D, the mortgagee, and the mortgagee’s right to collateral security (hereinafter “instant collateral security”).

B. H and Defendant C shall purchase and sell each real estate listed in the attached list 3, etc. on September 10, 2008 (hereinafter “I land before division”) and 7,152 square meters of I forest land owned by H on September 10, 208.

(2) On September 14, 2009, an area was 7,277 square meters due to registration conversion, and each of the real estate listed in the attached Table 3 (hereinafter “instant three real estate”) on the same day was divided into the following: (a) the Plaintiff or the Plaintiff’s husband J, F, Defendant B, and C shared profit by developing and selling the said land; and (b) the first land before subdivision was divided into KRW 7,277 square meters.

3. On June 29, 2009, Defendant C completed the registration of ownership transfer of I land before subdivision. On December 16, 2008, Defendant C created superficies of the maximum debt amount of KRW 390,000,000 with respect to I land before subdivision, the debtor, the plaintiff, the mortgagee of the right to collateral security of the collective security, the K Union of the plaintiff, the mortgagee of the right to collateral security, and the K Union, respectively, on December 2, 2010. On December 2, 2010, Defendant C revoked on the third real property of this case.