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(영문) 광주지방법원 목포지원 2017.02.02 2015가합12739
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant D is the wife of the deceased, and Defendant C is Defendant D’s wife. Defendant C owned 8330 square meters of G maintenance in the Yandong-gun, Yannam-gun, and 35230 square meters of H salt farm (hereinafter “instant F salt farm”). However, as it is difficult for Defendant D to manage the F salt farm due to old age, Defendant D agreed to assign the management and salt production of the instant F salt farm and distribute profits therefrom at the rate of 4:6.

3) However, from 2013 to 2015, Defendant D did not distribute profits from the production of salt in the instant F salt farm to the network A. 4) Defendant D produced in the instant F salt farm and delivered to the Plaintiff salt 20 million won (20 km per 1 mama; hereinafter the same shall apply) that had been stored in salt warehouses around January 2, 2016.

B. 1) Defendant D’s purchase, etc. of the instant salt farm from I on June 30, 2008 (hereinafter “instant salt farm”) is 23980 square meters in the Haan-Gun E salt farm in Jeonnam-gun, Haan-gun (hereinafter “instant E salt farm”).

On February 1, 2010, the purchase price was determined as KRW 195,00,000, and the ownership transfer registration was made in the name of the defendant C on January 29, 2010 (However, the cause of registration was stated as the cause of sale on January 29, 2010.

2) On January 26, 2011, Defendant C obtained a loan from Do Agricultural Cooperatives (hereinafter “Doi Agricultural Cooperatives”), Defendant C completed the registration of creation of a neighboring mortgage amounting to KRW 26,00,000 with respect to the instant E salt, with respect to the registration of creation of a mortgage amounting to KRW 26,000,00, with respect to the instant E salt, and on June 10, 2013, Defendant C, Defendant C, Defendant C, Doi Agricultural Cooperative, the maximum debt amount of KRW 36,00,000, respectively.

(3) As of the date of the closing of argument in the registration of creation of a mortgage of each of the instant units, the amount of the secured claims as of January 26, 201 is KRW 34,569,337 (the amount of the secured claims as of January 26, 201, KRW 4,569,337, and the amount of the secured claims as of June 10, 2013, KRW 30,000 in total.

(c)the net A.

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