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(영문) 서울중앙지방법원 2017.09.12 2016가합551330
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 30, 1981, the Plaintiff created a first-class collateral security right with respect to the land of the other four parcels with the exception of the maximum debt amount of KRW 80,000,000,000,000,000 and KRW 188,000,000,000, which was owned by the Plaintiff, for Taecheon-si, the Plaintiff created a second-class collateral security right with respect to the land of the other four parcels with the exception of KRW 188,00,000,000,000 among the land owned by the Plaintiff (hereinafter “the above five parcels”).

B. On April 1984, C applied for voluntary auction of the I East land by exercising the above-mentioned first-class collateral security right, and on April 20, 1984, C voluntarily decided to commence the auction of the I East land by Youngcheon District Court J on April 20, 1984.

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the Defendant was awarded the bid price of KRW 19,909,760 in his own name on September 5, 1984 with the land of KRW 1,031 square meters and KRW 764 square meters for the land of KRW 13,520,00 in the name of K on December 4, 1984.

On February 19, 1985, the Defendant and K completed the registration of ownership transfer of the land adjudicated under each of their names, and thereafter, the I-dong land was divided as shown below and acquired through consultation on public land at the time of Thaik (round October 1985 and around December 1986, the Defendant received the total of KRW 30,369,000, and the total of KRW 12,000,000,000) and the remainder was registered under the name of the Defendant. A part of the land was sold to L around March 23, 2001, and around March 207, there was a change and annexation of land category as to the land registered under the Defendant’s name.

On January 28, 1987, 1987, the land category of D forest 1,031С in D forest 2, 1987, is changed to the site on February 20, 2007, and the public land of 480 square meters in P forest 74 square meters in land E, E on January 28, 1987, 764 square meters in land E, E on March 23, 2001, in case of acquisition of public land of 531 square meters in 00 square meters in 00,000,000,000 square meters in M land.

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