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(영문) 수원지방법원여주지원 2017.11.07 2016가단52465
토지인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant E shall indicate the attached Form No. 2 on the ground of the land listed in the attached Table.

Reasons

Facts of recognition

H completed the registration of ownership transfer with respect to the land listed in [Attachment 1 and 2] List Nos. 1 and 2 (hereinafter “instant land”) on December 11, 1973, and cultivated crops at all times. Before August 1995, H conducted mushroom farming buildings on the land of this case.

H on July 21, 1994, with respect to each of the above lands, registered the establishment of the right to collateral security in the name of the Leecheon Mutual-Aid and Finance Company. On October 13, 1999, the decision of voluntary auction was rendered based on the above right to collateral security on each of the above lands.

H has been awarded a successful bid in the above auction procedure under the name of I, and completed the registration of ownership transfer on each of the above lands in the name of I on June 26, 200.

On the same day, the registration of transfer of ownership based on sale in the name of I was made for mushroom farming buildings on the land of this case.

With respect to the buildings above the land No. 1 of this case, the registration of ownership transfer was made under the name of Defendant F (name G before the name of the title), the son of H on November 8, 2002, the name of J on January 13, 2003, the name of the mother of I, and the name of Defendant D, the spouse of H on July 9, 2009, respectively.

H around July 2005, the buildings for mushroom farming were located on the land of this case No. 2.

I died on December 26, 2006, and the plaintiff A, his spouse, succeeded to 3/7 of each share of the land of this case, and 2/7 of each share of the plaintiff B and C, one of the children of I, respectively.

H asserted that I, a title trustee of the instant land Nos. 1 and 2, agreed to transfer the ownership of the said land to H, and filed a lawsuit against the Plaintiffs, the heir of I, seeking implementation of the procedure for ownership transfer registration.

(C) On December 5, 2013, the court of the lawsuit in question denied the existence of an agreement to transfer the ownership of the instant No. 1 and No. 2 to H, while recognizing the fact that I is a trustee of the said land, through a ruling rendered on December 5, 2013.

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