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(영문) 청주지방법원 2015.12.22 2015가단9929
소유권이전말소등기
Text

1. Of the forest E-2,405 square meters in Seowon-gu, Chungcheongnam-gu, Cheongju-si, the Plaintiff:

A. As to Defendant B’s share 1,443/16,835, Defendant C, and D.

Reasons

1. Facts of recognition;

A. On March 7, 1990, the Plaintiff, together with F and G, jointly purchased forest E-2,405 square meters (hereinafter “instant real estate”), and agreed to acquire the instant real estate by Plaintiff 30% shares, F 20% shares, and G 50% shares, respectively, with respect to the instant real estate. The Plaintiff agreed to title trust with F for the shares of F 20% under the name of the Plaintiff on March 23, 1990, and completed the registration of ownership transfer with respect to shares of F 1/2 shares in the instant real estate under the name of the Plaintiff, in accordance with the above title trust agreement on March 23, 1990.

B. On June 25, 1996, the Plaintiff and F had terminated the above title trust agreement. The Plaintiff and F filed an application for ownership transfer registration in the name of F with respect to the Plaintiff’s 1/2 shares in the name of H as to the Plaintiff’s 481/1202.5 shares in the Plaintiff’s 1/2 shares. On June 26, 1996, the Cheongju District Court (Cheongju District Court 2801, Jun. 26, 1996), which was erroneous in calculating the portion of shares in the instant real estate at the time of the registration of partial transfer (i.e., 481/12) and registered as 481/1202.5.

C. H died on November 24, 2010, and his heir was Defendant C and D, the spouse of H, Defendant B and H, the spouse of H. D.

On March 26, 2015, the Korea Technology Credit Guarantee Fund received a payment order from Defendant B from the Cheongju District Court 2010 tea5956, and the said payment order was finalized around that time.

The Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) completed the registration of transfer of shares based on inheritance as of November 24, 2010, in the name of Defendant C and D, respectively, with respect to the shares of 12/70 out of H shares in the instant real estate under the name of Defendant B and the shares of 8/70, received on March 26, 2015 by Cheongju District Court No. 39871, Mar. 26, 2015.

In addition, the Korea Technology Credit Guarantee Fund applied for a compulsory auction against Defendant B’s shares to Cheongju District Court I, and the above court rendered a decision to commence compulsory auction on March 31, 2015, and accordingly, the above court rendered a decision to commence compulsory auction against Defendant B’s shares under the receipt of the above court No. 42688 on the same day.

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