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(영문) 창원지방법원진주지원 2016.11.29 2016가단2853
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 7, 2005, the Plaintiff filed the instant lawsuit against C with the Defendant and C, but withdrawn the lawsuit against C on October 4, 2016.

A joint purchase of the land of 13,905.4m2 and E forest of 6,734m2 from Nonparty F in Jinju-si, Seoul Special Metropolitan City prior to the partition. The ownership transfer registration was agreed to be completed in the Plaintiff’s sole name.

B. On December 21, 2005, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to each land under the above paragraph (a). Of D forest land before the division, the part purchased by the Plaintiff, Defendant, and C was divided into G 13,905 square meters in Jinju-si prior to the division on January 26, 2006.

The owner of each real estate of this case is the sole name of the plaintiff, but actually is the joint property owned by each owner in proportion to the share ratio of the following co-owners.

Co-owners shall observe and implement the following matters:

1. Profits and expenses of the above real estate shall be apportioned according to the share ratio;

2. The sale price shall be unconditional when the sale price is at least 150,000 won per square day.

Provided, That co-owners who do not receive sale shall accept other shares in an estimated sale amount without conditions.

Shares of Co-owners: 70% shares of Co-owners of the plaintiff: 20% shares of Co-owners of the defendant: 10% C

C. On February 3, 2006, the Plaintiff, the Defendant, and C drafted a written agreement regarding the disposal and settlement of each real estate of this case, and the main contents are as follows.

On the other hand, the provisional registration authority C on February 14, 2006 with respect to the forest land E before the division was completed on February 14, 2006, and the provisional registration of the right to claim transfer of ownership based on the pre-sale agreement (hereinafter “provisional registration under the former C”) on February 14, 2006. On March 24, 2008, when the provisional registration was revoked on March 24, 2008, the registration of the establishment of a neighboring mortgage under the name of the Changwon District Court (260,000,000, the maximum debt amount was KRW 260,000,000, the debtor and the mortgagee of the right to collateral security (hereinafter “the establishment of a new mortgage”).

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