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(영문) 의정부지방법원 2018.08.21 2017가단114634
청구이의
Text

1. The Defendant’s decision of recommending reconciliation as of November 27, 2014 against the Plaintiff of this Court 2014Gahap5279 case No. 4-A.

(b).

Reasons

1. Basic facts

A. (1) On April 16, 2013, the Defendant was awarded a successful bid of 44,777 square meters of D forest and E forest and 44,777 square meters in the auction of real estate C in this Court.

With respect to the forest as seen above, the maximum debt amount of 487,500,000 won on April 16, 2013, the registration of the right to collateral security and the registration of superficies of the debtor, the defendant, the mortgagee of the right to collateral security and the agricultural cooperative was completed.

Article 28(1) of the Act on the Protection of Forest Land and Protection of Forest Land (hereinafter referred to as "Act on the Protection of Forest Land") was divided into 38,459 square meters and 6,318 square meters.

Applicant E Forest land was divided into E forest land 41,177 square meters and G forest land 3,600 square meters.

(v) forest F inf is merged with G forest;

B. On July 23, 2014, regarding D, E, and F forest land (hereinafter “three parcels forest land”) after the division and merger, the registration of collateral security and the registration of superficies by the said rooftop housing and agricultural cooperatives was cancelled, and the registration of superficies was completed on the same day by the maximum debt amount of 201,50,000 won, the debtor, the defendant, and the Incheon Savings Bank, Inc., Ltd. (hereinafter “the registration of collateral security and superficies”).

C. On July 14, 2014, the Plaintiff filed a lawsuit against the Defendant and the Defendant’s mother claiming for ownership transfer registration, etc. of three parcels of forest land (2014Gahap5279), and on November 27, 2014, the decision to recommend reconciliation was finalized on December 20, 2014.

The plaintiff completed the registration of ownership transfer on January 2, 2015 with respect to forest land within three parcels according to the above decision of recommending settlement.

E. However, forest land within three parcels was awarded to Nonparty K on August 12, 2016 according to the compulsory auction (I) requested by the Defendant to this Court and the voluntary auction (J) requested by the Incheon Savings Bank (J).

[Evidence A] Evidence Nos. 2, 11, 12, 13, 14

2. The plaintiff's assertion

A. 4-A of the decision of recommending reconciliation in the primary argument

The defendant's claim 24,150,000 won is based on the defendant's three lots of forest land registration procedure execution, the removal duty per law, and the plaintiff's obligation to cooperate with the defendant. However, the defendant did not perform the above obligation. Since the defendant's claim is not finalized, compulsory execution is denied, or simultaneous performance scope is limited.

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