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(영문) 창원지방법원진주지원 2016.03.11 2014가단31215
소유권말소등기
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's respective primary claims against the defendants.

Reasons

1. Facts of recognition;

A. A. Around 1984, the Plaintiff and Defendant C’s husband, acquired and operated a E industry company that jointly produces and sells agricultural machinery parts, and thereafter changed the trade name to F industry company.

B. On May 11, 1993, the Plaintiff and D purchased the real estate listed in the No. 1 of the No. 1 of the annexed real estate from G, and completed the registration of ownership transfer under the Plaintiff’s name as the receipt of the Jinwon District Court was No. 27537 of July 13, 1993.

C. On May 11, 1993, the Plaintiff and D purchased the real estate indicated in No. 2 from H on the No. 11, 1993, and completed the registration of ownership transfer under the name of the Plaintiff as the receipt of Jinwon District Court was No. 27538 on July 13, 1993.

After the Plaintiff and D newly constructed the real estate Nos. 3 on the real estate Nos. 1 and 2 on the ground of the real estate indicated in the separate sheet No. 1 and 2, the Plaintiff and D completed the registration of preservation of ownership in the name of the Plaintiff on May 4, 1996 by the Changwon District Court Jinju Branch Branch No. 17

E. On July 15, 1998, the Plaintiff and D continued to operate a business under the name of “I” with the location of each real estate indicated in the annexed real estate (hereinafter “instant real estate”) as the location of the “I” for the purpose of the combined wholesale and retail business.

F. D, on June 21, 199, signed a contract with B to sell the instant real estate at KRW 530,00,000 (hereinafter “first sale contract”), received the down payment of KRW 60,000,000 on the same day, received the remainder of KRW 470,000,000 on July 1, 199, and completed the registration of transfer of ownership on June 30, 1996 as the receipt of KRW 32145, which was completed on June 30, 199. However, according to the confirmation of the registration certificate at the time, a certified judicial scrivener’s position stated as a special clause that “the Plaintiff would face for the extension of 174 cm and affixed a copy of the Plaintiff’s resident registration certificate.”

G. On June 17, 1999, the plaintiff is attached to the corporation with the original company of the right to collateral security.

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