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(영문) 대구지방법원 2020.02.06 2019나304415
소유권이전등기
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The plaintiff and theO are the spouse of the defendant, who was a job partner.

B. On September 6, 1991, the Plaintiff decided to jointly purchase KRW 177,00,000 in forest land C 21,818 square meters in Nam-gu, Nam-gu (hereinafter “Fri”) at port (hereinafter “the forest land before the instant division”) between O and E, and paid KRW 59,00,000 equivalent to KRW 1/3 of the above sales price from September 6, 191 to December 29, 192.

C. On December 29, 192, the Defendant purchased shares of 14545/21818 out of the forest land before the instant partition from G, and completed the registration of ownership transfer with respect to the said shares under the name of the Defendant on December 31, 1992, and E completed the registration of ownership transfer with respect to shares transfer among the forest land before the instant partition on the same day.

On March 31, 2006, the forest land before the instant subdivision was divided into C, D (Division into D, H, and I), and J (Division into J, K). The remaining land excluding C forest land of 8,079 square meters (hereinafter “instant C forest”) and D forest land of 5,990 square meters (hereinafter “instant D forest,” and the instant forest and D forest were incorporated into the national highways at port on August 3, 2005.

E. 18,300,180 won was determined as compensation for the aforementioned incorporated land. On June 20, 2006, the Defendant paid the Plaintiff KRW 65,03,630 of compensation corresponding to the Plaintiff’s portion of 1/3 shares, excluding the aforementioned expenses.

F. Meanwhile, among the instant C forest land owned by E, the share of 7273/218 among the instant forest land and the share of 7273/21818 among the D forest land of this case was completed due to voluntary auction on March 9, 2012, and L completed the registration of ownership transfer for each of the said shares to M on September 17, 2015.

G. On September 17, 2015, the Defendant and M completed the registration of the establishment of a neighboring association, which is the debtor M&W and N-mortgager N-mortgage, with respect to the instant forest land, as the maximum debt amount of KRW 410,000,000 and the maximum debt amount of KRW 94174, Sept. 17, 2015, with respect to the instant forest land of this case, by the Daegu District Court Branch.

H. In addition, the defendant and M shall be also the defendant and M on 2015.

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