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(영문) 서울중앙지방법원 2017.10.17 2016가단5242078
소유권말소등기
Text

1. The Defendant C, D, E,G, H, I, and J shall:

A. As to the Plaintiff A’s share of 1/144 of each of the 21868 square meters of Gyeonggi-gun K Forest Land.

Reasons

1. Basic facts

A. The original M and Defendant C (N, hereinafter “C”), D, E, G, H, I, J, and L were jointly owned by one- nine shares, respectively.

M was established on May 13, 2005, the conciliation was made with the purport that “The co-ownership of 2,734 square meters among the land before the instant partition is owned by M, and the remainder 21,868 square meters is divided into Defendant C, D, E, G, H, I, J, L (hereinafter “Defendant F”) with the remaining Defendants other than Defendant F and L are divided into co-ownership of 1/8 shares, respectively (hereinafter “instant conciliation”).

B. On July 21, 2005, the land prior to the instant partition was divided into 21,868 square meters of K Forest in Gyeyang-gun, Gyeonggi-do (hereinafter “instant land”) and 2,734 square meters of O forest land (be subject to registration conversion with P forest land 2,812 square meters), and M completed the registration of ownership transfer based on the partition of co-owned property on May 13, 2005 as to the above O forest owned by himself on the same day.

C. While the Defendant et al. did not register the transfer of ownership following the instant conciliation regarding the shares in the instant land owned by M (hereinafter “instant shares”), M completed the registration of the establishment of a neighboring mortgage (U.S. District Court P, R, the maximum debt amount, KRW 140,000,000 for the instant shares, and the ground for registration entered into a contract dated October 29, 2008 for the establishment of a new mortgage (U.S. District Court Pan District Court Pyeong Branch Registry No. 45826, Oct. 30, 208) with respect to the instant shares.

The Plaintiffs received a successful bid of KRW 22,110,00 of the instant shares in the procedure of the auction of the real estate status in Suwon District Court in Q and R’s branch, which was commenced through the enforcement of the right to collateral security, and paid the sale price on February 18, 2010, and completed the registration of ownership transfer on March 4, 2010 with respect to each of the instant shares 1/2 shares (if calculated, 1/18 shares for each Plaintiff) among the instant shares.

Defendant, etc., on July 21, 2010, the Plaintiffs regarding the instant protocol of mediation.

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