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(영문) 대전지방법원서산지원 2016.12.16 2016가단679
소유권말소등기
Text

1. The part of the instant lawsuit against Defendant D’s cooperative is dismissed.

2. Defendant E shall list the Plaintiff’s attached list.

Reasons

1. Basic facts: (a) Of the 12,354 square meters of forest land in Seosan-si, which was owned by Plaintiff B (hereinafter “F land before division”), the share transfer registration based on the sale on July 23, 2013 in the Plaintiff’s name on July 26, 2013 was made; (b) the share transfer registration based on the sale on July 26, 2013 in the name of Nonparty G (the name before the opening of the name: H) on July 24, 2013 was completed on July 26, 2013 in the name of Nonparty G (the name before the opening of the name); and (c) the share transfer registration based on the sale on July 24, 2013 was completed on July 26, 2013 in the name of Nonparty G (the name before the opening of the name); and (d) the share transfer registration was completed on July 12/12354 in the name of Nonparty I on July 26, 2013.

② On October 18, 2013, with respect to the share in the non-party G’s name as to the share in the non-party G’s land before partition, the share transfer registration based on the sale on October 11, 2013 under the name of the defendant C was completed on October 18, 2013 with respect to the share in the non-party I’s above land (hereinafter “the first registration in the name of the defendant C”), and on December 24, 2013, the defendant C completed the registration of creation of a mortgage on the share in the non-party G’s name with respect to the above share in the non-party A’s name as to the non-party A’s share in the non-party G’s name, from the non-party G’s name to the defendant E on December 24, 2013.

③ On May 15, 2014, F land before subdivision was partitioned into six parcels of land, such as each parcel of land listed in the separate sheet (hereinafter each of the above land shall be indicated only by the lot number). Of each of the above land, the registration of transfer of shares was completed on June 13, 2014 in the name of Nonparty G for sale as of June 10, 2014, respectively.

④ On January 8, 2015, among the land F and J, the registration of share transfer arising from the partition of co-owned property under the name of Defendant C on November 10, 2014 (hereinafter “second registration in the name of Defendant C”) was completed on the entirety of shares in Plaintiff B and Nonparty G, and each land above was registered under the name of Defendant C solely. Of the land K, the co-owned property partition on November 10, 2014 is made under the name of Nonparty G on January 8, 2015 as to the whole shares in Plaintiff B and Defendant C among the land in K.

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