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(영문) 청주지방법원제천지원 2016.05.25 2015가단2771
소유권이전청구권 가등기 말소
Text

1. The Defendant (Counterclaim Defendant) shall attach the attached Form to the Plaintiff (Counterclaim Defendant)

1. Cheongju District Court in respect of each land indicated in the list;

Reasons

1. Basic facts

A. The plaintiff is the defendant's senior.

B. The Plaintiff was in office as a director of C Co., Ltd. (hereinafter “C”) established on August 17, 1990 and resigned on July 19, 1993.

C. On December 12, 1997, the Plaintiff filed a provisional registration of this case with respect to the Defendant on December 12, 1997, on the instant land Nos. 1, 3, and 4 and D forest No. 2,420 square meters (hereinafter “D land before subdivision”) on December 11, 1997 (hereinafter “the instant first sale reservation”).

On May 19, 2003, D land prior to subdivision was subject to registration conversion into E forest land 2,420 square meters, and the said land was divided into E forest land E 1,174 square meters, F forest land 1,064 square meters (hereinafter “F land prior to subdivision”), and G forest land 192 square meters (hereinafter “instant G land”).

On May 19, 2003, the land category was changed to “miscellaneous land” on May 19, 2003, the land category of E 1,174 square meters was changed.

E. On January 26, 2005, the Plaintiff agreed to exchange shares of 111/1064 and 1,754m2 (hereinafter “instant I land”) out of the F land owned by the Plaintiff before the partition (hereinafter “instant exchange contract”), and received the cancellation registration of the provisional registration of this case No. 1 where the Defendant was killed with respect to F land before subdivision from the Defendant on February 3, 2005, and received the cancellation registration of the provisional registration of this case, pursuant to the instant exchange contract, the Plaintiff received the registration of ownership transfer from H with respect to the said I land at the same time after completing the registration of ownership transfer for shares of 111/1064 out of the F land before subdivision. On the same day, the Plaintiff received the registration of ownership transfer from H upon completing the registration of ownership transfer with respect to the said I land. On the same day, the Defendant completed the provisional registration of shares of 953/1064 of the remainder of F land before subdivision and the said I land.

The provisional registration of February 3, 2005 is the provisional registration of February 3, 2005.

B. On July 28, 2005, F land was divided into the instant land No. 5 and J Forest land No. 111 square meters.

On January 25, 2007, the Plaintiff was provisionally registered on February 3, 2005 with respect to the shares of 111/1064 out of the land No. 5 of this case divided by the Defendant as above.

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