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(영문) 대구지방법원경주지원 2014.06.17 2012가단8539
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. Defendant B (1), on March 26, 2012, registered the transfer of ownership based on the sale on March 23, 2012, under the Daegu District Court’s receipt of 16850 square meters of the same day as to the 2nd 4th mix of forest E (2380 square meters) owned by Nonparty D on March 26, 2012; and (2) on August 21, 2012, the registration of ownership transfer based on the sale on March 23, 2012, which was owned by the Plaintiff on August 21, 2012 (hereinafter “the instant 1 forest”).

2) The forest land and G forest land 4802 square meters (hereinafter “instant forest land 2”).

(2) On August 21, 2012, Defendant B completed the registration of creation of a mortgage on the same day as the Daegu District Court racing support, No. 49316, Jul. 30, 2012. (2) On August 21, 2012, Defendant B completed the registration of creation of a mortgage on the same day as the debtor B, under Article 49317 of the Daegu District Court’s receipt of the same day for the case No. 49317, the maximum debt amount of 650,000,000 won, and the debtor B’s establishment of a mortgage on the same day-based mortgage contract.

B. On December 12, 2012, the instant forest No. 1 and the instant forest No. 2 group No. 31, 2012, the instant forest and the instant forest No. 2 group No. 1 and the instant forest No. 2 group No. 334 square meters were merged into the E forest and field No. 2534 square meters. 2) On December 20, 2012, the instant forest and field No. 9125 square meters were divided into the E forest and H forest and 162

3) On January 17, 2013, H 16209 square meters of H forest was divided into 4990 square meters of H forest, 490 square meters of forest land, 4990 square meters of forest land, and 6229 square meters of J forest. 4) On January 14, 2014, the 9125 square meters of E forest land was divided into 8694 square meters of K forest and 460 square meters of L forest and 460 square meters of land.

(The location of each land above after the merger and division process as above is the same as the annexed drawing) / [the grounds for recognition] Gap evidence 2-1, 2, 10, 11-1, 6, 12-1, the result of the survey and appraisal by appraiser M, the purport of the whole pleadings.

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion: The sales contract between the Plaintiff and the Defendant B on July 30, 2012 on forest land Nos. 1 and 2 between the Plaintiff and the Defendant was concluded without a general meeting resolution.

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