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(영문) 서울중앙지방법원 2013.10.25 2012가합39290
소유권이전등기말소 등
Text

1. Defendant B Co., Ltd.:

A. From the Plaintiff, the Plaintiff’s share of 853.6/1067 among the 9,843m2,00,000 m2.

Reasons

1. Basic facts

A. On November 29, 2006, the Plaintiff sold to Defendant B Co., Ltd. (hereinafter “Defendant B”) for KRW 5,414 square meters in Gyeong-do, the amount of KRW 6,560 square meters in Gyeong-do, the amount of KRW 4,789 square meters in G forest land, KRW 4,773 square meters in H 4,773 square meters, and KRW 1,110 square meters in I forest land (hereinafter “the land in the above five parcel of land”) in the same order.

At the time, land Nos. 1 through 4 was scheduled to be substituted with J 9,824.5 square meters and K 853.6 square meters, and Defendant B purchased land with a specific area of J 9,824.5 square meters among them, as if he purchased shares of 9,824.5/10 of land Nos. 1 through 4 before the completion of the replotting, he/she shall register his/her co-ownership as if he/she purchased shares of 9,824.5/100 of land No. 1 through 4 before the completion of the replotting, and an agreement shall be made to adjust the registry upon completion of the replotting (hereinafter “instant sales contract”). The registration of ownership transfer is completed with the Daegu District Court No. 2916, May 1, 1067 with respect to the shares and 5

B. The Plaintiff and Defendant B concluded the instant real estate security trust agreement with the Defendant Hanol Trust Co., Ltd. on the day of the instant sales contract (the same real estate trust was changed to Hanol Trust Co., Ltd.; hereinafter the same shall apply) with respect to the entire land Nos. 1 through 5 as priority beneficiary with respect to the entire land Nos. 1 through 5, and completed the instant real estate security trust registration as the Daegu District District Court Receipt Office No. 2917 with respect to the land No. 1 through 5.

Defendant B received loans from Solomon Mutual Savings Banks in accordance with the instant real estate security trust agreement, and paid the instant purchase price to the Plaintiff.

C. Pursuant to the determination of replotting as of March 20, 208, J 9,824.5 square meters purchased by Defendant B among the lands in subparagraphs 1 through 4, pursuant to the determination of replotting as of March 20, 2008, the land was replaced by Category C 9,843.3 square meters, and the land owned by the Plaintiff was replaced by Category D 853.6 square meters with land size of 851.4

[Ground of recognition] between the plaintiff and the defendant B, pursuant to Article 208(3)2 of the Civil Procedure Act, the plaintiff and the defendant are one of the parties.

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