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(영문) 창원지방법원진주지원 2015.05.15 2014가단31093
원인무효로인한소유권이전등기등말소
Text

1. As to each real estate indicated in the separate sheet to the Plaintiffs:

A. Defendant C is the Changwon District Court.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the deceased H (Death on July 12, 2012, hereinafter “the deceased”).

Defendant C is the deceased’s heir, and Defendant C is the deceased’s birth. 2) The heir of Defendant E, F, and G is the deceased I (Death on June 1, 2013), and their inheritance shares are 3/7, Defendant F, and G, respectively.

B. On December 19, 1972, the deceased purchased K 2,041 square meters from J on December 19, 1972, and the name of the deceased due to mistake was entered into L, not H in the process of completing the registration of ownership transfer. 2) The above land was replaced with 2,041 square meters in Scheon-si, Ma-si, Ma-si on November 25, 1980, according to the division adjustment by farmland improvement project, and the substitute land was divided into each real estate indicated in the annexed real estate (hereinafter “instant land”).

3) As to the instant land, Defendant C obtained a letter of guarantee from the guarantor N,O, and P to the effect that “Defendant C purchased the instant land from L, the owner on the registry on October 25, 1985,” and a written confirmation from the private market to the same effect as that of the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (amended by Act No. 7500 on May 26, 2005; hereinafter “Special Measures Act”).

According to the judgment of the court below, the registration of ownership transfer was completed on May 2, 2008 as the receipt No. 13955 on May 2, 2008 (hereinafter “instant registration of ownership”).

(4) As to the instant land, the registration of ownership transfer of one-half shares was completed in the name of Changwon District Court, Scheon District Court No. 15260, Jun. 14, 2011, Defendant D and Dong I, and the registration of ownership transfer of Defendant D’s name was completed on August 30, 2013 with respect to the said one-half shares of the said network I. As to the said one-half shares, the registration of ownership transfer of Defendant D was completed on August 30, 2013 as the receipt on August 30, 2013.

5) Meanwhile, Defendant Seosan Agricultural Cooperatives (hereinafter “Defendant Cooperatives”) is the same.

on July 14, 2011, the obligor I, the maximum debt amount of KRW 221,00,000, and the Defendant.

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