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(영문) 의정부지방법원 2017.03.31 2016나52327
소유권이전등기말소등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the part ordering performance under paragraph (2) shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s mother, and the Defendant is the Plaintiff’s tea.

B. On October 8, 199, the Plaintiff and the Defendant, as the Plaintiff’s spouse and the father of the Defendant, were bequeathed of G forest land (hereinafter only the lot number alone), and owned G forest jointly by 1/2 shares.

Since then, the above forest was divided into G forest and H forest around August 2003.

C. G Forest land was subject to registration conversion into I forest land on February 15, 2008, and was divided into I forest land and J forest on the same day.

As a result of the partition of co-owned property, the title holder of the I forest was the Plaintiff, and the title holder of the J forest was the Defendant.

H Forest land was registered as K forest land on July 10, 2007, and was divided into K forest land and L forest land on the same day.

The above K Forest is divided into K Forest and D Forest as a partition of co-owned property on September 29, 2007. The title holder of the K Forest was the Plaintiff, and the title holder of D Forest became the Defendant.

The above L Forest is divided into L Forest and E Forest as a co-owned property partition on September 29, 2007, and the title holder of L Forest was the Plaintiff, and the title holder of E forest was the Defendant.

E. On November 6, 2007, with respect to K forest land, the establishment registration of the mortgage was completed on the debtor, the plaintiff, the maximum debt amount of 130,000,000,000 won, and the establishment registration of the neighboring agricultural cooperative, the mortgagee of the right to collateral security, on October 29, 2007, regarding D forest land was completed on October 29, 2007, including the debtor, the maximum debt amount of 120,000,000 won, and the establishment

(hereinafter) The fact that there is no dispute over the right to collateral security on which the registration of establishment of each of the above units is indicated (the grounds for recognition), the entries in Gap's evidence Nos. 1 through 4, and 8, and the purport of the whole pleadings

2. The parties' assertion

A. The defendant claiming that the plaintiff's assertion is necessary to adjust administrative land in order to enhance the convenience of land, and the plaintiff's seal impression and certificate of seal impression are requested and issued at will.

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