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(영문) 서울북부지방법원 2014.05.09 2013가단5784
소유권이전등기 말소 및 소유권이전등기
Text

1. On October 7, 2000, Defendant B filed with Defendant C with the Suwon District Court for each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 13, 1989, the Plaintiff purchased 11,504 square meters of D forest land in Ansan-si (hereinafter referred to as “the same Ri area”) and completed the registration of transfer of ownership. Around 1991-1992, the Plaintiff newly used or removed a grave for grandparents, parents, and relatives on the part located in the intermediate part of E forest land (1,271 square meters of land and 543 square meters of forest land divided as described in the following paragraph (d)).

B. The Plaintiff’s default of tax was seized on July 11, 1996 with the above D Forest No. 11,504 square meters, and Defendant C awarded a bid during the public sale on June 15, 1998 and completed the registration of ownership transfer on August 25, 1998.

C. Defendant C had the mind to sell the above D forest land by dividing it into 11,504 square meters. On August 31, 1999, Defendant C divided it into D forest land into 8,165 square meters and G forest land 3,339 square meters, which had no grave among them, and sold G forest land 3,339 square meters, which is a flat part without breaking it, to others.

(A) The land category and area have been changed to 3,276 square meters of H factory site. (D)

In addition, on September 22, 1999, Defendant C divided the above D forest No. 8,165 square meters into D forest No. 4,628 square meters and 3,537 square meters of I forest No. 3,537 square meters (the electronic is the real estate listed in the attached Table No. 1, and the latter is the real estate listed in the attached Table No. 2; hereinafter the same shall apply). On May 8, 2000, Defendant C divided the above I forest No. 3,537 square meters into 1,723 square meters of I forest and 1,723 square meters of forest and 543 square meters of forest where a grave is located, respectively.

E. On October 7, 2000, the above D Forest No. 4,628 square meters, I Forest Land No. 1,723 square meters, E Forest Land No. 1,271 square meters, and F Forest Forest Land No. 543 square meters were completed on October 7, 200 by Defendant C’s transfer of ownership due to the sale on September 20, 200 under each of the Defendant B’s name (hereinafter “instant transfer of ownership”). The above I Forest Land No. 1,723 square meters, E Forest Land No. 1,271 square meters, and F Forest Land No. 543 square meters were re-merged on February 6, 2001, and I Forest Land No. 3,537 square meters were re-merged as originally.

F. From around 1992, the Plaintiff began with Defendant B’s living together and maintained a de facto marital relationship, and the de facto marital relationship was terminated around the end of 2009.

【Ground for recognition” has no dispute;

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