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(영문) 춘천지방법원 2016.06.17 2015나5396
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. Defendant B shall be 4.22,060 square meters among the 8,549 square meters of forest land in Pyeongtaek-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. On October 24, 2010, the Plaintiff completed the registration of ownership transfer on the grounds of an exchange of 17,101 shares of 22,060 cubic meters of forest land in Pyeongtaek-gun, Gangwon-do, which was owned by the Plaintiff (hereinafter “forest land before division”). The said shares of forest land in Suwon-gun, which was transferred to the Defendants on February 21, 201, was entirely transferred to the Defendants on February 21, 201, and eventually, the Plaintiff shares 4,959 shares in forest land before division, Defendant B shares in 8,549 shares, Defendant C shares in 22,060 shares, Defendant C shares in 22,060 shares (hereinafter “previous shares”).

B. On February 21, 2011, with respect to each share of the Defendants in relation to forest land before the split-off, the establishment registration of mortgage on the neighboring union of the Geumsan Credit Cooperatives (hereinafter “instant mortgage”) was completed.

C. On April 20, 201, the forest land before subdivision was divided into KRW 4,959, KRW 8,552, KRW 8,549, KRW 452, KRW 549, KRW 8,549 (hereinafter “F forest, E forest, and D forest”; collectively, “each of the instant forest land” was divided into the Plaintiff and the Defendants. On May 13, 2013, the Plaintiff and the Defendants concluded a co-owned property partition contract (hereinafter “instant co-owned property partition contract”) with Defendant C and Defendant C to own solely.

According to the instant co-owned property partition contract, on May 14, 2013, F forest land was registered to be transferred to the Plaintiff the Defendants’ share in the forest (Scheon District Court Pyeongtaek Branch Office No. 10780, May 14, 2013); as to the forest land E, the registration to be transferred the Plaintiff and the Defendant’s share to the Defendant C (Scheon District Court Pyeongtaek Branch Office No. 10781, May 14, 2013), and as to the forest land D, the registration to be transferred the Plaintiff and the Defendant C share to the Defendant B (Scheon District Court Pyeongtaek Branch Branch Office No. 10782, May 14, 2013) was completed.

E. However, among the forest land of this case, the voluntary auction for exercising the right to collateral security of this case, which was completed with respect to the Defendants’ previous shares, was commenced on August 23, 2012, and on June 30, 2014.

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