말소등기에 대한 승낙의 의사표시
1. Defendant D Co., Ltd. is Daejeon District Court with respect to the Plaintiff A’s forest land of 7,774m2 in Jin-si.
1. Basic facts
A. Plaintiff A completed the registration of ownership transfer under the receipt No. 14020 on March 24, 2015 with respect to F forest land 7,774 square meters (hereinafter “instant F land”) at the time of Jinjin-si Co., Ltd., Ltd. (hereinafter “Nonindicted Company”).
B. The Plaintiff B completed the registration of ownership transfer with the head of 14021 on March 24, 2015, with respect to the G forest land G 7,756 square meters (hereinafter “instant G land”) with respect to the Nonparty Company at the time of Jinjin-si (hereinafter “instant G land”).
C. Plaintiff C completed the registration of ownership transfer with the receipt No. 14022 on March 24, 2015, with respect to the non-party company’s H land 9,075 square meters (hereinafter “instant H land”) and JJ forest 3,276 square meters (hereinafter “instant J land”).
The Plaintiffs completed the registration of ownership transfer with No. 14023 on March 24, 2015, with respect to the portion of 854/2562 shares among the portion of I forest land 2,562 square meters (hereinafter “instant I land”) at the time of Jinjin-si, the Plaintiffs completed the registration of ownership transfer to Nonparty Company as the same registry office.
E. On May 26, 2015, Defendant D Co., Ltd. (hereinafter “Defendant D”) completed the registration of the establishment of the neighboring mortgage on the instant F, G, H, and I land. As to the instant F through I land, Defendant E completed the registration of provisional attachment on June 20, 2018, and the registration of attachment on July 5, 2018, respectively.
G. On July 4, 2018, the Plaintiffs filed a lawsuit against Nonparty Company seeking cancellation of the ownership transfer registration under the name of Nonparty Company with respect to the instant F or I’s land (Seoul District Court Decision 2018Dadan50111). On July 4, 2018, a settlement was concluded between the Plaintiffs and Nonparty Company with the purport that the Plaintiffs would cancel the registration of ownership transfer under the name of Nonparty Company.
[Ground of recognition] 1 to 2 items of evidence A (including paper numbers), the purport of the whole pleadings
2. Determination as to the claim against Defendant D
A. The Plaintiffs indicated the claim (i) pertaining to the pertinent land among Nonparty Company and the instant F, G, H, and I’s land.