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(영문) 수원지방법원평택지원 2015.10.07 2014가합9504
근저당권말소
Text

1. The independent party intervenor's claim is dismissed;

2. The litigation costs shall be borne by the independent party intervenor;

Reasons

1. The following facts may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties concerned; (b) evidence Nos. 5, Eul evidence No. 6, Eul evidence No. 7, Eul evidence No. 8, Eul evidence No. 9, Byung evidence No. 2, Byung evidence No. 2, Byung evidence No. 3, Byung evidence No. 5, Byung evidence No. 6, Byung evidence No. 7, Byung evidence No. 8-1 through 3, Byung evidence No. 9, Byung evidence No. 11, Byung evidence No. 12, Byung evidence No. 13, Byung evidence No. 20.

Around December 2003, the Defendant and an independent party intervenor (hereinafter “the Intervenor”) invested KRW 550,00,000,000, respectively, and divided the size of KRW 5,994 square meters into KRW 7,482 square meters in Pyeongtaek-si E-si and 7,482 square meters in forest E-si and 482 square meters owned by D on February 7, 2004, into KRW 5,994 square meters in forest E-si and 1,488 square meters in H forest and 1,48 square meters in forest and 5,94 square meters in forest and e-owned land.

② Purchasing F forest land 1,322 square meters, and 3 G forest 1,667 square meters, and agreed to complete the registration of ownership transfer in the name of the intervenor, and purchased each of the above real estate from D on December 31, 2003, not aware of such fact.

(1) The title trust real estate of this case is referred to as the “title trust real estate of this case,” and when the real estate of this case is combined with each other, the title trust real estate of this case is referred to as the “title trust real estate of this case”).

On February 5, 2004, the Defendant and the Intervenor drafted a written confirmation of real estate trust (public land share) under the name of the Intervenor, stating that “The amount of real estate purchase shall be KRW 1,100,000,000, and each 50% of the amount of land to be purchased (land share 1/2), real estate purchase amount and land share shall be 50% of each, and the purchase amount and land ratio shall be 50% of each, but the Defendant may register at any time as co-owned share after six months of the land transaction, but the Intervenor recognized and recognized that the Intervenor will transfer ownership.”

C. On February 7, 2004, the intervenor completed the registration of ownership transfer in the name of the intervenor with respect to the instant title trust real estate.

An intervenor is not more than Y on December 6, 2006, chip AM.

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