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(영문) 의정부지방법원 2017.11.15 2016가합56387
소유권이전등기
Text

1. Defendant B is the Plaintiff’s trade on May 20, 2009 with respect to forest E 570 square meters in Namyang-si, Namyang-si.

Reasons

1. Basic facts

A. Defendant B’s status as the parties is Nonparty F’s children, Defendant C and D are the parents of the networkF. Defendant B solely inherited his rights and obligations upon the death of the networkF on April 18, 201.

B. Defendant C and D completed the registration of the establishment of a neighboring mortgage and the registration of the provisional disposition in this case (hereinafter “the real estate prior to the instant partition”) with respect to the shares of the networkF, 33256/398 square meters in Nam-si, Namyang-si, the Namyang District Court, the Namyang District Court, No. 1552, Jan. 7, 2005, completed the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) under the Act No. 13067, Feb. 7, 2005, under the Act No. 13067, which received on February 7, 2005, with respect to the registration of the establishment of a neighboring mortgage of this case as the right to claim the cancellation of the registration of the establishment of a neighboring mortgage of this case as the right to be preserved, and completed the registration of provisional disposition seeking the prohibition of transfer

C. On October 22, 2004, the real estate prior to the instant partition was divided into H forest land 6,612 square meters, E forest land 570 square meters on June 15, 2007 (hereinafter “instant real estate”) and I forest land 298 square meters, respectively.

The networkF for the mediation of related cases filed a lawsuit against Defendant C and D to implement the procedure for registration of cancellation (hereinafter “related case”) on August 25, 2005 where the said lawsuit was pending, since the registration of establishment of a new mortgage in the instant case was null and void by the District Court 2005Gahap1015, which was against Defendant C and D, and the registration of establishment of a new mortgage in the instant case is invalid.

Conciliation Provisions

1. At the same time, the Plaintiff (the deceased F) was subject to the registration procedure for cancellation of the registration of the establishment of the instant neighboring land by Defendant C and D, and simultaneously implemented the registration procedure for the establishment of the instant neighboring land by Defendant C, D, and Nonparty J and Nonparty J, and K with respect to the Plaintiff’s share of 33,256m2 G forest in Nam-si, Nam-si, and H forest 6,612m2, 1/5 of the Plaintiff’s share of 33256/

2. The plaintiff is 10.0% until August 31, 2005 to defendant C, D, J, and K respectively.

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