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(영문) 전주지방법원남원지원 2016.08.03 2016가단10002
소유권말소등기
Text

1. The plaintiff's lawsuit against the defendant Namwon Agricultural Cooperative and the defendant D's lawsuit are listed in the separate sheet.

Reasons

1. Facts of basic recognition;

A. On April 12, 1950, E-si, Namwon-si (hereinafter “1 real estate”) and F 2,552 square meters (hereinafter “2 real estate of this case”), the real estate of this case and 2,52 square meters (hereinafter “the real estate of this case”) were owned independently by G, which is the assistance of Defendant B. As to the 1/2 portion among the real estate of this case on April 12, 1950, the registration of transfer of ownership in the name of SiH (hereinafter “the deceased”) was completed on August 20, 1949 with respect to the 6/7 share among the real estate of this case among the 2 real estate of this case on the ground of sale as of August 20, 194.

B. As G died on February 13, 1987, among each of the instant real estate, the ownership transfer registration under Defendant B was completed on the same day as of February 23, 1987 on the remaining shares (the shares of 1/2 among the instant real estate, and 1/7 shares among the instant real estate) except for the shares the ownership transfer registration was completed in the name of the deceased on August 30, 2005, on the ground of the inheritance by agreement and division as of February 23, 1987. Since a compulsory auction was commenced on March 25, 1987, the ownership transfer registration under Defendant B’s name was completed on August 9, 2004.

C. On August 30, 2005, Defendant C concluded a mortgage-backed contract with Defendant Namwon Agricultural Cooperative on the basis of the maximum debt amount of KRW 80 million with respect to some portion of each of the instant real estate purchased as above, and completed the registration of establishment of a mortgage on the same day.

Around December 22, 2007, Defendant B prepared each letter of guarantee from I, J, and K to the effect that “the Defendant actually owns the entire shares of the Deceased as of March 25, 1987” (hereinafter “each letter of guarantee of this case”) among each real estate of this case, and submitted an application for the issuance of each letter of confirmation attached to each of the respective certificates of this case to the Southern-gu Mayor around December 24, 2007, and received each written confirmation (hereinafter “the letter of confirmation of this case”).

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