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(영문) 대구지방법원포항지원 2013.09.26 2012가단7401
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 27, 1918, the forest land of this case was circumstances in the Plaintiff’s name G, and the registration of ownership preservation was completed on June 23, 1971 by the Daegu District Court Branch Branch of the Daegu District Court under the old Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111) pursuant to Article 10409 on June 23, 1971, and the registration of ownership preservation was completed on June 20, 1985 on each of the 1/4 shares of the forest of this case, as stated in the purport of the gift on June 20, 1985.

B. The Defendant’s door, as the court 2004Gahap1740, filed a lawsuit claiming ownership transfer registration against Defendant D and E on September 21, 2006 against each of the above 1/4 shares out of the forest land of this case, and the above judgment was finalized on October 10, 2006. The Defendant C received documents necessary for the registration of ownership transfer transfer registration in the name of Defendant’s door, by recognizing that 1/4 shares out of the forest land of this case is owned by the Defendant’s door.

C. Accordingly, on March 21, 2007, among the 3/4 shares of Defendant C, D, and E for which the transfer of ownership was registered under the name of Defendant C, D, and E among the forest of this case on March 21, 2007, Defendant C’s 1/4 shares on the ground of the termination of title trust on March 20, 207. As to Defendant D’s 1/4 shares on the ground of the termination of title trust on January 13, 2005, Defendant E’s 1/4 shares on the ground of the termination of title trust on January 14, 2005, the registration of transfer of each share ownership in the name of Defendant E (hereinafter referred to as “second registration”). D.

On the other hand, on September 24, 1993, the Plaintiff filed for the registration of ownership transfer with H on the ground of donation of 1/4 shares among the forest land in the instant case remaining under his own name with the birth partner, and H on November 26, 1993, with respect to the said 1/4 shares, he set the right to collateral security of 108,00,000 won with respect to the maximum debt amount of 1/4 shares, and the right to collateral security of 200,000,000 won with respect to the maximum debt amount of 1/4 shares on December 14, 1996. On July 9, 1997, the said right to collateral security is a voluntary auction.

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