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(영문) 의정부지방법원 2016.06.01 2015가합53046
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2015 Chicago2031

Reasons

1. Basic facts

A. The Plaintiffs constructed and resided in the part of E forest land (which became F forest land after division and merger) in Yangju-si prior to the division that was owned by D (hereinafter “instant building”). However, around July 5, 2012, when the voluntary auction procedure concerning G forest land and H forest land prior to the merger took place, the Plaintiffs recommended the Defendant to receive the bid price for the said forest land by concerns that the instant building will be demolished if the said forest land is awarded to another person.

B. On April 16, 2013, the Defendant entrusted the Plaintiff A with the title, received a decision to permit the sale of the said forest land under the said Plaintiff’s name and paid the price, and completed the registration of ownership transfer in the future of the said Plaintiff.

In order to raise the proceeds from the sale of the above forests and fields at the time, the defendant obtained a loan from the plaintiff A in the name of the house and the agricultural cooperative, and on July 23, 2014, the above plaintiff was a lender even if he/she received a loan from the Incheon Savings Bank while repaying the above loan.

C. After the division, F forest was divided into E forest in Yangju-si before the division, and H forest was combined with the divided F forest.

(2) On June 9, 2014, the Plaintiff filed a lawsuit against the Plaintiffs for the cancellation of the registration of ownership transfer as to F Forest, and the Plaintiff filed for the cancellation of the registration of ownership transfer as to F Forest with respect to the instant forest. The Plaintiff filed for the lawsuit against the Plaintiffs to the effect that: (a) the Plaintiff completed the registration of ownership transfer as to F Forest due to donation, on June 9, 2014, with respect to F Forest.

On November 27, 2014, 1.27. 1. 27. 201. 1 With respect to Plaintiff A and G forest, Plaintiff B shall perform the procedure for the registration of ownership transfer to the Defendant with respect to F forest land, and the Plaintiffs shall be F until April 30, 2015.

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