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(영문) 대전지방법원 2017.11.24 2016나111605
소유권이전등기
Text

1. Of the part concerning the counterclaim of the judgment of the court of first instance, the following amount is the amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on the restoration of real name on June 19, 2006 and the registration of ownership transfer on April 1, 2013 as to the real estate stated in paragraph (3) of the attached Table, which was recorded in the attached Table No. 2, 32,430 square meters of forest land in Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, and the real estate

B. The Plaintiff shall decide to title trust each of the real estate listed in the foregoing paragraph with D, and completed the registration of transfer of ownership on November 19, 2010 as to the real estate listed in the attached Table No. 2, 32,430 square meters and the real estate listed in the attached Table No. 2 prior to the subdivision on November 22, 2010 under D’s name.

D A. On November 19, 2010, the Cheongyang Credit Union (hereinafter referred to as the “Cheongyang Credit Union”) completed the joint creation registration of mortgage (hereinafter referred to as the “first collateral security”) of the maximum debt amount of KRW 39 million on the ground of the contract to establish a mortgage on the said real estate, and was loaned KRW 30 million from the Cheongyang Credit Union.

On the other hand, on April 1, 2013, the Plaintiff completed the registration of ownership transfer made on March 25, 2013 for the real estate stated in attached Table No. 3 according to the above title trust agreement to D.

C. Around August 2013, the Plaintiff entered into a title trust agreement with the Defendant on each real estate indicated in the attached Tables 2 and 32,430 square meters of land C, Cheongyang-gun, Chungcheongnam-do, Chungcheongnam-do, and each real estate indicated in the attached Tables 2 and 2 and 3 (hereinafter “instant title trust agreement”). On August 28, 2013, the Plaintiff caused D to complete the ownership transfer registration on each of the said real estate on August 20, 2013 (hereinafter “instant title trust agreement”).

Since then, the plaintiff suggested that the defendant should create an orchard in each of the above real estate and divide profits therefrom, and the defendant accepted it.

On October 29, 2013, the defendant applied for the selection of land subject to clearing to the Cheongyang-do head of the Cheongyang-si and the application was accepted.

E. The plaintiff.

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