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(영문) 울산지방법원 2016.04.05 2015가단53857
소유권말소등기
Text

1. As to the Plaintiff’s share of 1/2 of each of the lands listed in the separate sheet, the Defendant C shall make June 30, 1984 to the Ulsan District Court.

Reasons

1. Basic facts

A. The relationship between the parties, Defendant D, and C are siblings relationship, and Defendant B is the children of Defendant D.

B. Real estate registration relationship 1) The forest land of H 132,793 square meters in Ulsan-gun, Ulsan-gun, was each land indicated in the current annexed Table following the procedures for partition and registration conversion (hereinafter the above H land is referred to as “land before subdivision”).

(2) On August 22, 1978, the transfer registration of ownership was completed on the land before subdivision due to co-ownership by the Plaintiff, Defendant D, and Defendant C three persons.

3) Around 1983, Defendant C renounced his share in the land before subdivision, and on July 27, 1983, the registration of ownership transfer was completed under Defendant D’s sole name with respect to the said land. 4) The Plaintiff borrowed money from Defendant C for the establishment and operation of the gas station, and the registration of ownership transfer was completed on June 30, 1984 with respect to the land before subdivision and H’s land to secure the said obligation.

5) Defendant C was paid a claim against the Plaintiff with the money loaned as loans to Defendant C, by providing the land before subdivision and H land as a collateral to Defendant C. On June 30, 2005, the ownership transfer registration was completed in Defendant B’s future on June 30, 2005, the provisional registration of the right to claim ownership transfer under the name of Defendant E Co., Ltd. as of September 6, 2012, the provisional registration of the right to claim ownership transfer as of December 10, 2012, the attachment registration in the name of Ulsan-si, Ulsan Metropolitan City as of April 30, 201, the attachment registration in the name of Defendant Ulsan Metropolitan City as of April 30, 201, the establishment registration in the name of Korea Electric Power Corporation as of April 19, 201, the establishment registration in the name of Defendant Korea Electric Power Corporation as of August 31, 2012, and each registration of the establishment of superficies was completed.

7) Each land listed in the separate sheet Nos. 2 and 3 was sold through a voluntary auction on July 5, 2010 and the registration of ownership transfer was completed in the name of Defendant F and G, respectively. Each of the above lands was completed on January 26, 201 by the registration of establishment of a neighboring agricultural cooperative and the registration of creation of a superficies in the name of the Defendant Central Agricultural Cooperative on January 26, 201.

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