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(영문) 서울고등법원 2018.07.19 2018나2009157
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) Around August 22, 2005, the Defendant, D, M, and E entered into a joint ownership agreement between the Defendant, D, M, and E, and the Defendant, D, M, and E are 483 square meters (hereinafter “I land”).

(F) 35 square meters prior to the FO’s ownership (hereinafter “F land”).

(2) On October 1, 2004, the Defendant had already completed the registration of ownership transfer with respect to the said land under the Defendant’s name. On October 29, 2015, the said land was divided into 626 square meters and Q 77 square meters on October 29, 2015 (hereinafter “K land”).

(D) The instant co-owned land, including I, F, and K land, is one thousand five hundred and fifty-five square meters of L 1,057 square meters (hereinafter “L”) owned by N.

A) Joint Acquisition of this case shares 217/717 shares, D 20/717 shares, M 100/717 shares, E 200/717 shares, and E 200/717 shares, respectively, with respect to F land under the name of E, I, K, and L, respectively. (hereinafter “instant co-ownership agreement”).

2) Under the instant co-ownership agreement, on December 12, 2005, the registration of ownership transfer in the name of E was completed on the F land, January 13, 2006, and the registration of ownership transfer in the name of the Defendant was completed on the land.

3) On March 7, 2011, the instant co-owned land, other than the co-owned land of this case, is 155 square meters prior to Rancheon-si owned by the Defendant (hereinafter “R land”).

(A) 4 square meters prior to S (hereinafter “S land”).

(2) On April 4, 2014, the obligor was changed from P to C to the maximum debt amount of KRW 396,000,000 with respect to D, and on April 4, 2014, the obligor’s property management company following the National Agricultural Cooperative Federation’s property management company acquired the right to collateral security, but does not distinguish each of the following: (hereinafter “CF”)

) The establishment registration of a neighboring mortgage (hereinafter referred to as the “mortgage of this case”) shall be deemed to be the “mortgage of this case.”

B) The Plaintiff was terminated. B. The Plaintiff entered into each sales contract between the Plaintiff and the Defendant and E, etc. on August 12, 2015.

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