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(영문) 의정부지방법원 2014.02.14 2012가합3620
배당이의
Text

1. With respect to this Court J and K (Joint) auction of real estate, the distribution schedule drawn up by this Court on February 28, 2012.

Reasons

1. Basic facts

A. On September 12, 1997, L Forest and 49,48 square meters (hereinafter “L forest and 49,48 square meters”) were divided into 24,744 square meters of L forest and 24,744 square meters of M forest and 24,744 square meters (hereinafter “M forest”) in Nam-gu, Namyang-si, Namyang-si, and thereafter, L forest and 4,447 square meters prior to registration conversion or division was made as follows.

L L L L L L O P N NST QR N N V

B. W and X decided to own a specific portion of L forest which was divided before division, W and X completed the registration of ownership transfer as to 2474/4948 portion of L forest which was divided before division, and Y purchased by specifying part of L forest which was divided after division from X on April 1, 1997, and completed the registration of ownership transfer as to 2474/4948 portion of L forest which was divided before division.

C.Y: (a) after dividing into the Z on August 18, 2003, donated 92/498 shares of L forest to the Z; and (b) on August 19, 2003, Y completed the registration of ownership transfer; (c) on August 19, 2003, Y became the right holder of 23752 (24 - 992)/4948 shares of L forest before division (hereinafter “YY shares No. 1”).

AA purchases from AB on May 4, 2002 a specific part of M forest, 1652 square meters, and completed each registration of transfer of ownership with respect to shares 1652/4948 out of L forest and M forest after division on May 8, 2002.

E. On September 8, 2003, Y filed a lawsuit against A, etc. for the implementation of the procedure for the registration of ownership transfer due to the cancellation of a mutual title trust (hereinafter “instant mutually nominal trust lawsuit”). On November 7, 2006, Y filed a lawsuit against A, etc. for the implementation of the procedure for the registration of ownership transfer due to the cancellation of mutual title trust with respect to each of the shares indicated in the “M shares” column in the separate sheet from Y, and simultaneously implemented the procedure for the registration of ownership transfer with Y’s claim against Y.

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