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(영문) 대전지방법원 2018.02.09 2017나103397
진정명의회복에 기한 소유권이전등기
Text

1. Revocation of the first instance judgment.

2. With respect to the plaintiff A, C, and D with respect to the answer 3,921 square meters J in Busan Metropolitan City, the defendant shall have 2/9 shares, respectively.

Reasons

1. Facts of recognition;

A. The Party’s status network F (Death at around 2015) and net G (Death at April 9, 1998) are 6 degrees of punishment. Plaintiff B is the wife of the net F, the rest of the Plaintiffs are the children of the net F, and the Defendant is the wife of the net G.

B. The details of the registration are as follows: (a) the record on the registration of 3,921 square meters in JJ in the Asia-si (hereinafter “instant real estate”).

On December 28, 1970, the title holder of the registration date for the transfer of ownership on December 28, 1970, the registration date for the transfer of ownership on June 27, 1989, which was concluded on June 22, 1989 on June 26, 1989 on June 26, 1989 by the registration date of the transfer of ownership on April 17, 2000, the registration date of the transfer of ownership on April 9, 1998 by inheritance on September 17, 2013, which was concluded on September 17, 2013 on September 17, 2013.

C. On June 29, 1989, the net G obtained a loan on the condition that 9,000,000 won of farmland purchase funds will be repaid at an annual interest rate of 5% per annum and 4% from June 29, 191 to June 28, 2009 (hereinafter “instant loan”) on the condition that it will be repaid in installments on the date fixed once every year from June 29, 191 to June 28, 2009 (hereinafter “instant loan”).

(2) On June 27, 1989, the GJ directly paid the above money to the DoF upon delegation by the Dog. (2) On June 27, 1989, the GG used to secure the repayment of the instant loan.

As indicated in the table of subsection (a), the establishment registration of a neighboring agricultural cooperative, a debtor G and a mortgagee of the right to collateral security, as to the instant real estate, has been completed.

(4) On September 17, 2013, the Defendant cancelled the registration of the establishment of the instant neighboring agricultural cooperatives on September 17, 2013, on the following grounds: (a) on September 17, 2013, the netF used the instant loan; and (b) on September 2, 2013, the Defendant cancelled the registration of the establishment of the instant neighboring livestock cooperatives, the maximum debt amount of the instant loan amount of KRW 91,00,000, the debtor, the Defendant, and the Defendant-mortgaged livestock cooperatives.

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