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(영문) 의정부지방법원 2015.03.24 2014가단30292
사해행위취소
Text

1. The plaintiffs' claim of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The ownership transfer registration was completed in the name of the Republic of Korea (the Ministry of National Defense) on December 14, 1973 with respect to the portion of 3390/5904 out of the above forest land, which was originally owned by E, but on September 4, 1996, the above G forest land was divided into the above G forest land 3,430 square meters and the instant forest land. On the same day, on September 4, 1996, the land registration of G was changed to a road. 2) On September 4, 1996, each of the above G forest land owned by E, 250/5940 square meters, among the above G road and the instant forest land, due to the donation made on August 29, 196, the ownership transfer registration was completed in the name of H, which was larger for E, the ownership transfer registration was completed on the same day.

7. 21. The forest land of this case was owned solely by the Republic of Korea, and the said G road was completed with shares of 1670/3430 and shares of H 1760/3430.

3) After that, on July 22, 2013, the transfer registration of ownership was completed in the name of E on the grounds of sale of KRW 104,430,150, the transaction price as of May 31, 2013 with respect to the instant forest. On the same day, each of the instant forest areas as of July 11, 2013 (hereinafter “instant donation contract”).

2) Each registration of ownership transfer under the name of the defendant et al. (hereinafter “instant registration of ownership transfer”).

(B) The Plaintiff had to open a road to enter the instant forest part of the instant forest in order to obtain permission for development activities, on the other hand, as the grounds that the Plaintiff had to develop the said I forest in the name of B as a site for a juvenile training facility, etc., the Plaintiff prepared a certificate of agreement (No. 17 evidence No. 1 of the instant forest in order to allow a access road to be opened on the part of the instant forest in common with H, who is the owner of the ownership thereof, if he would have a 660 square meters of land necessary for access roads among the instant forest in order to have a H leave the instant forest in common, and with the authorization of H, with respect to the instant forest in the name of H.

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