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(영문) 전주지방법원 2017.05.12 2015가단32624
소유권이전등기말소청구 등
Text

1. As to the Plaintiff, 5/20 shares in relation to D Forest land 10,611 square meters in Jin-si, Jin-si:

A. Defendant C is Daejeon District Court.

Reasons

1. Basic facts

A. The real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”) was owned by the father E.

E Deceased on February 4, 2011, the Plaintiff, F, G (each of 5/20 shares), network H’s wife I (3/20 shares), and network H’s children, were jointly inherited by the Plaintiff, F, G (each of 5/20 shares), and the R(2/20 shares) of the deceased H.

B. Around September 2014, Defendant C purchased the instant real estate in KRW 256,800,000 (the Plaintiff did not have been in place at the time of the sales contract, but explained to the effect that F and I received the consent to sell the Plaintiff’s share to Defendant C), Defendant C paid KRW 60,450,000 corresponding to the Plaintiff’s share out of the sales price to F, I, and G.

C. Defendant C completed the registration of ownership transfer as the receipt No. 44453 of September 19, 2014 on the instant real estate by reason of sale on September 19, 2014.

Defendant Daeho Agricultural Cooperative Co., Ltd (hereinafter “Defendant Agricultural Cooperative”) completed the registration of establishment of a mortgage near the debtor C and the maximum debt amount of 300 million won on September 19, 2014, received on September 19, 2014 from the Daejeon District Court, Daejeon District Court.

[Ground of recognition] Gap evidence 1-1, 2, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. On October 20, 2013, the Plaintiff suffered pictures around October 20, 2013, and received hospitalized treatment at K Hospital, a video-specialized hospital, and on November 11, 2013, the Plaintiff was in an unidentified state due to an unknown shock.

However, F, I, etc. sold the instant real estate to Defendant C without obtaining the consent from the Plaintiff.

Therefore, the registration of the transfer of Defendant C’s ownership over the Plaintiff’s 5/20 shares among the instant real estate and the registration of the establishment of the establishment of a mortgage over Defendant Nonghyup based thereon should be cancelled since it is the registration invalid.

B. Defendant C entered into a sales contract with F and I with the Plaintiff’s consent to sell, and L of the certified judicial scrivener office dealing with the registration of ownership transfer of the instant real estate shall have the intent to sell the Plaintiff.

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