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(영문) 창원지방법원통영지원 2015.10.13 2015가단1931
소유권말소등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On June 18, 2009, the instant real estate owned by the designated parties, including the Plaintiff (Appointeds), and H and F owned the land of 13,311 square meters (hereinafter “instant real estate”), 1,28,219 square meters of I forest land (hereinafter “I forest”), and 4,871 square meters of J forest (hereinafter “J forest”). The instant real estate owned by F and I forest owned by the Plaintiffs in common, and J forest owned by J forest, respectively.

(hereinafter “instant co-owned property partition agreement”). B.

Before the partition of co-owned property agreement of this case, the shares of Plaintiff K, 46752/18 of the instant real estate was owned by H, 46753/46, and the shares of Plaintiff K, 46753/1653 were owned by H, 46754/13. The Plaintiffs and H owned by F on June 26, 2009, with respect to the shares of 32809/32809/4, totaled to F on June 26, 2009 (hereinafter “the registration of ownership transfer”) was completed on June 26, 2009 by 12077/270 of the receipt (hereinafter “the registration of ownership transfer”) and the ownership transfer was completed on June 26, 2009.

C. As to the instant real estate, Defendant B completed the provisional attachment registration of KRW 35 million in accordance with the Changwon District Court Order 2009Kadan6004 dated July 17, 2009, which was received on July 17, 2009 by Changwon District Court 13502, and Defendant C completed the provisional attachment registration of KRW 35 million in accordance with the order of provisional attachment of real estate on July 17, 2009; and Defendant C completed the provisional attachment registration of KRW 1729 in Changwon District Court 1729 dated September 17, 2009, which was received on September 17, 2009 through the Changwon District Court Da Sung-gun District Court 209Kadan160 on September 17, 2009; Defendant C completed the provisional attachment registration of KRW 17,586,250 on September 17, 2009 and the maximum debt amount of KRW 530,315,2009.

Each of the Defendants’ names (hereinafter the Defendants’ names).

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