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(영문) 창원지방법원마산지원 2014.04.30 2012가단13746
소유권이전등기
Text

1. The plaintiff's action against the defendant B and C shall be dismissed.

2. The plaintiff's claim against the defendant D is dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a member of H’s descendants who are G 22 years old, and is a family council comprised of descendants after G 28 years old, G 28 years old, and Defendant D is its member.

B. On June 13, 1995, Defendant D: (a) on April 1, 1980, with respect to the 1256 square meters of land and 188 square meters of land owned by J on June 13, 1995, the registration of ownership transfer based on the sale on April 1, 1980; (b) on September 19, 197, with respect to the 122 square meters of land owned by M on the same day, the registration of ownership transfer based on the sale on September 19, 197; and (c) on the 635 square meters of land owned by J on January 13, 199, the registration of ownership transfer based on the sale on November 20, 198.

C. The National Agricultural Cooperative Federation completed the registration of establishment of a mortgage (hereinafter “the registration of establishment of a mortgage of this case”) on each land set forth in B of September 21, 2006, based on the maximum debt amount of KRW 56,400,000, and the debtor Q Q Q, as of September 20, 2006.

The National Agricultural Cooperative Federation applied for the auction of real estate for each land mentioned in B according to the registration of establishment of the neighboring land of this case, and on May 18, 2010, the court rendered a decision to voluntarily commence the auction of each of the above land.

E. On March 14, 2011, S purchased each parcel of land described in B in the above auction procedure.

F. On February 10, 2012, each of the lands described in B was incorporated into 2201 square meters (hereinafter “instant land”) prior to the Masan-si, Changwon-si, Changwon-si.

G. On October 24, 2012, S completed the registration of ownership transfer on October 19, 2012 with respect to 3/2 shares out of the instant land, Defendant B, with respect to 1/3 shares, on October 19, 2012.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 6 (including virtual number) and the purport of whole pleading

2. The Plaintiff, the owner of the instant land, whose gist of the Plaintiff’s assertion was title trusted to Defendant D.

The contract to establish a mortgage with the National Agricultural Cooperative Federation and the instant land by stealing, who is the birth of Defendant D, stolen from the name of Defendant D who has no mental capacity.

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