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(영문) 대구지방법원안동지원 2017.09.13 2016가단23557
지분권이전등기의 말소등기절차이행등
Text

1. Defendant E:

A. Of the 4,604 square meters of F forest land in Ansan-dong, Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Determination as to the plaintiff's claim against defendant E

(a) the description of the grounds for the primary claim in the attachment of the indication of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);

2. Determination as to the Plaintiff’s claim against Defendant B, C, and D

A. The Plaintiff’s assertion 1) On April 7, 1970, the Plaintiff is the Plaintiff’s forest land of H 4,604 square meters (hereinafter “instant forest”) in Ansan-si from the net G on April 7, 1970.

) 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 차례로 연결한 선내 ㈏ 부분 396.7㎡(120평, 이하 ‘이 사건 매수부분’이라 한다

(2) The Plaintiff purchased 20,000 won. The Plaintiff paid the above purchase price and received the transfer of the possession, and thereafter occupied and used the part of the purchase in this case. However, on April 13, 1987, the net G died on April 19, 2001, and thereafter on April 19, 2001, as to the portion of the forest in this case, 60/100 shares to the net I, the heir of the net G, 15/100 shares, and on the portion of 25/100 shares to Defendant D, the transfer registration of ownership was completed due to an inheritance due to an agreement division.

After that, as the deceased on November 6, 201 by the deceased J on November 6, 201, the ownership transfer registration for the 15/100 shares of the forest of this case (the shares of the deceased J) was completed on the grounds of inheritance due to a consultation and division with the Defendant C, his heir, and the ownership transfer registration for the 60/100 shares of the forest of this case (the shares of the deceased I) was completed on October 10, 201 as the deceased on October 10, 2013 by the deceased J.

Therefore, among the purchase portion of this case to the Plaintiff, Defendant B is liable for the share 60/100; Defendant C is liable for the share 15/100; Defendant D is liable for the registration of ownership transfer for sale on April 7, 1970 with respect to the share 25/100.

3. On the other hand, Defendant D had a duty to transfer 25/100 shares, which are shares, to the Plaintiff, but in collusion with the deceased I in violation of its duty, and received on December 15, 2005 from the deceased I as 31516.

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