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(영문) 부산고등법원(창원) 2015.04.09 2014나1082
소유권이전등기말소등기등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Relevant Party 1) The Plaintiff’s respective real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”).

(2) Defendant B, through agent E, purchased each of the instant real estate from D through agent F, and completed each of the instant registration of ownership transfer. Defendant Jinju Agricultural Cooperative Co., Ltd (hereinafter “Defendant Agricultural Cooperative”) conducted a loan to Defendant C as collateral, and completed the registration of establishment of a neighboring real estate as to the instant real estate No. 2.

3) G as a certified judicial scrivener, represented the application for registration of the instant real estate Nos. 1 and 2. B. Around 2004, the Plaintiff and D’s transaction details 1) issued a registration certificate became aware of D in the course of purchasing the real estate located in Gyeongnam-gun through D’s brokerage. On October 201, 201, the Plaintiff became aware of D’s mutual name, “I real estate” (at that time, D had operated the real estate business without business registration in some of the stores located in the store located in Gyeongnam-gun, Nam-gun, X-gun, X-gun, and the Plaintiff became aware of D’s contact again.

From October 201 to December 201, the Plaintiff: (a) heard from D that “The first and second real estate in this case is a commercial area; and (b) whether it is possible to combine it; (c)” the Plaintiff issued D a certificate of registration of the first and second real estate in this case.

2) The Plaintiff delegated the disposal of H land from D around January 2012 to J, K, and L (hereinafter “instant H land”).

(B) dispose of the land in KRW 14,3430,00,000,00 and instead of the market value of KRW 9,724,00,000,00 in total, Y(Z) ownership, AA(AB ownership), and AC(AD land.

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