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(영문) 수원지방법원여주지원 2020.04.23 2019가단3303
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D, the Defendant’s wife on August 26, 1998, completed the registration of ownership transfer with respect to the portion of 16166/26083 square meters out of E forest land E 26083 square meters, and the Plaintiff completed the registration of ownership transfer with respect to the portion of 9917/26083 square meters out of the instant land on January 8, 1999.

On November 4, 1999, the land of the E was divided into E Forest land E 917 square meters (hereinafter “1 land before the instant subdivision”) and F Forest land 1616 square meters (hereinafter “2 land before the instant subdivision”).

B. On November 16, 2004, D completed on November 16, 2004 the registration of the establishment of a neighboring mortgage on D-166/26083 shares in the land of this case prior to the instant partition and the land of Echeon-si H and I with a maximum claim amount of KRW 432,00,000 with respect to E-I land and land.

(hereinafter “instant collateral security”). C.

The Plaintiff filed a lawsuit against D in relation to the land No. 1 before the instant partition and the land No. 2 before the instant partition under the jurisdiction of Suwon District Court 2010Kadan7906. On December 8, 2010, a voluntary conciliation was established between the Plaintiff and D with the same content as the attached Table.

Around March 24, 2011, the instant land was divided into E Forest 9263 square meters (hereinafter “instant land”) and J Forest 654 square meters (the instant land was converted into 765 square meters for K forest and 765 square meters on October 1, 2013, and the instant land was divided into 98 square meters on July 14, 2014), and the instant land was divided into 15,512 square meters for E Forest and 654 square meters for L forest and 654 square meters on March 24, 2011.

On July 19, 2012, the Plaintiff completed the registration procedure for ownership transfer based on the partition of co-owned property on December 8, 2010, with respect to the share of D, among the share of D 16166/26083 square meters of the above E forest and 9263 square meters of the above L forest and 654 square meters of land.

D On November 13, 2012, F forest land 15,512 square meters and J forest land 654 square meters, which is the Plaintiff’s share, completed the registration of ownership transfer based on the partition of co-owned property on December 8, 2010.

E. The land of this case in which the Plaintiff acquired ownership solely by partition of co-owned property.

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