logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.15 2016나2019198
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against Defendant B and C is revoked, and the Plaintiff’s aforementioned Defendants constituting the revoked part are revoked.

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of the Plaintiff, G (the wife of the Plaintiff), and I (the wife of H, the Plaintiff’s birth), was completed on May 26, 2006, on the grounds of each transaction on May 26, 2006, with respect to the forest land Faim-gun, Pyeongtaek-gun, the Gyeonggi-gun (hereinafter “forest land before division”).

(26,949/46,949 shares, G, and I are shares, respectively, 10,000/46,949 shares in the Plaintiff’s name (hereinafter “instant shares”). B.

On June 19, 2006, with respect to the instant shares, the maximum debt amount of KRW 120 million, the registration of creation of a neighboring mortgage by the Plaintiff, the debtor, the mortgagee, and the Defendant C of the right to collateral security (hereinafter “the first collateral mortgage”), and the registration of creation of a neighboring mortgage by the mortgagee B of the right to collateral security (hereinafter “the second collateral mortgage”) was completed with respect to the shares in the title G out of the forest land before the split-off on August 29, 2006, the registration of creation of a neighboring mortgage by the debtor G, the mortgagee, and Defendant B of the right to collateral security (hereinafter “the third collateral mortgage”). As to the shares in the first title out of the forest land before the split-off, the registration of creation of a neighboring mortgage by the mortgagee B of the right to collateral security (hereinafter “the third collateral

C. Around September 2007, H and Defendant B entered into a partnership agreement with the purport that “In the manner of paying access roads with respect to the instant shares by obtaining permission for conversion of mountainous district, part of the forest land shall be developed and sold. The Defendant B shall develop development costs, and H shall invest the instant shares, and shall divide the amount calculated by deducting various costs from the proceeds from sale.”

(Specificly, after transferring the instant shares in Defendant E’s name, the sales price was re-transfered to many people, and each owner is divided to sell and purchase the instant shares to a third party.

On October 5, 2007, the instant shares were transferred under the name of Defendant E (a person who lent the title to H and Defendant B) on the grounds of sale and purchase, and on October 9, 2007, the registration of creation of a neighboring mortgage by Defendant E, Defendant E, and Defendant E, a mortgagee, with respect to the share in the name of Defendant E, KRW 250 million with respect to the maximum debt amount.

Then, the name of the defendant E.

arrow