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(영문) 대전지방법원 2015.11.27 2015나4076
토지인도
Text

1. Of the judgment of the first instance, the part against Defendant G and the part against Defendant B regarding the payment of money is revoked.

Reasons

1. Basic facts

A. On October 18, 2004, Defendant B completed the registration of transfer of ownership on the land of 3,306 square meters of Nan-gun, Chungcheongnam-gun, Chungcheongnam-do on the ground of sale on August 20, 204. The above forest was later divided into 3,306 square meters of O forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and was later divided into each land, etc. listed in the separate sheet 1.

(hereinafter referred to as “instant land”) each land listed in the attached Table 1 List b.

On December 13, 2006, the registration of creation of superficies in the name of the National Agricultural Cooperative Federation, the duration of which is 366,000,000 won, consisting of the debtor P and the maximum debt amount of which is 366,00,000 won, for the establishment of mortgage in the name of the National Agricultural Cooperative Federation, and for the possession of reinforced concrete building, was completed from December 13, 2006 to

C. On February 16, 2011, the National Agricultural Cooperative Federation received a voluntary decision to commence the auction procedure on the instant land from the Seosan Branch of the Daejeon District Court. The Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) purchased the instant land in the said voluntary auction procedure and completed the registration of ownership transfer under the name of the Plaintiff, etc. on June 11, 2012 after full payment of the proceeds from the sale.

The land of this case is owned by the plaintiff, etc., and each share of the plaintiff, etc. is as follows.

The parties to the I.S. J. K Appoint L Appointer L. M. M. 442.17/2,950 74.17/2,950 425.17/2,950 425.17/17/2,950 425.17/2,950 424.17/2,950 424.17/2,950 489.15/2,950

E. Meanwhile, on January 24, 2006, Defendant B filed an application for permission to convert a mountainous district for the purpose of constructing a new house with respect to the land, etc. of this case with the purpose of constructing a new house, and obtained permission on March 20, 2006 for the purpose of permission on April 30, 2007. The building listed in the attached Table 2 on the ground specified in the attached Table 1 List 1 List 1 List 2 List 3 List 3 List 3 List 4 List 4 List 4 Table 4.

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