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(영문) 수원지방법원평택지원 2015.01.14 2014가합33
근저당권설정등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole with respect to Gap evidence 1, Gap evidence 2, Eul evidence 4, Eul evidence 1, Eul evidence 5-1, Eul evidence 5-1, and witness Eul's testimony as a whole.

The following agreements shall be made for the purchase of forest land before dividing it into a summary:

The buyer's marking D, the plaintiff, and two or more persons shall be referred to as "A".

E, abnormal one person shall be referred to as "B".

Display site of real estate: Land category and area of Pyeongtaek-si: 46,732 square meters of forests and fields.

1. The equity ratio of the above real estate shall be set forth in A 1/2 and 1/2;

2. Joint investment expenses and construction expenses shall be disbursed from among the profits accruing from leasing business, etc. by creating the above real estate as a multi-purpose site, and net profits shall be distributed in 1/2 each, A and B.

3. A and B undertake to undertake that the equity ratio of A and B, regardless of their respective shares, has been 1/2 each, although they were registered for convenience irrespective of their respective shares.

5. (Dismissal omitted) On January 24, 2004: D Plaintiff (B) E

A. The Plaintiff’s name was changed from the Plaintiff’s “H” to the present name around May 2010;

D and E, on November 12, 2003, jointly purchased 46,732 square meters of Pyeongtaek-si G forest (hereinafter “forest land before division”) from F, and made an agreement with the following terms (hereinafter “instant agreement”) around January 24, 2004.

B. On February 16, 2004, the forest land before subdivision was registered with 47,060 square meters of Pyeongtaek-si I forest land on February 16, 2004, and on February 25, 2004, after the registration was made with 22,453 square meters of I forest land on February 16, 2004 and February 25, 2004, J forest 9,900 square meters of J forest land, 4,807 square meters of K forest land, 9,900 square meters of L forest land, and the registration was completed on February 25, 2004 with respect to the above I forest land.

C. On June 16, 2004, the above I Forest was registered by dividing it into 12,553 square meters of I Forest and M forest and 9,900 square meters of forest. The above M Forest was registered by dividing it into M forest 5,367 square meters on November 16, 2004 and the forest of this case. As to the forest of this case, the registration of division was completed on July 13, 2007 with respect to the forest of this case as the Suwon District Court No. 40193, Jun. 13, 2007, the maximum amount of claims is KRW 80 million, and the debtor.

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