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(영문) 수원지방법원안산지원 2016.06.15 2015가단17524
소유권 이전등기등 말소등기절차이행
Text

1. Of the instant lawsuit, the claims against Defendant North Korea Agricultural Cooperative shall be dismissed in entirety.

2. Defendant D.

Reasons

1. Basic facts

A. The Plaintiff was the owner of the area of 929 square meters prior to I, Gyeonggi-do, I (hereinafter “instant land before the instant partition”).

B. As to the land before the division of this case, the registration of transfer of ownership stated in the purport of the claim was completed in the name of Defendant F on September 10, 2004 under the name of the deceased K on April 1, 198 (hereinafter “the deceased”), on March 30, 198, on the ground of sale as of March 23, 1989 under the name of the defendant E on June 22, 1989, and on September 26, 2004.

C. On March 13, 2008, the instant land before the instant partition was divided into 748 square meters and 181 square meters prior to L, Sii-si, Sii-si. The instant land was divided into 748 square meters prior to I, 748 square meters and 166 square meters prior to I, and the instant land was divided into 914 square meters prior to I, and the instant land was divided into 352 square meters prior to I, and the land category on August 24, 2009 changed into 1, and became the instant land.

On August 31, 2009, the registration of the transfer of ownership in the purport of the claim was completed on August 20, 2009 under the name of Defendant G G, and on November 30, 201, the registration of the creation of a collateral security claim was completed under the name of Defendant New Bank on November 30, 201.

E. As to the instant land ② the registration of ownership transfer in the name of Defendant H on April 7, 2009, the registration of creation of superficies as of February 25, 2008, the registration of creation of each right to collateral security as of May 15, 2009, the registration of establishment of collateral security as of September 11, 2009, and the registration of establishment of collateral security as of February 13, 2015, were completed, respectively, in the name of Defendant Northern City Agricultural Cooperative (former agricultural cooperative: hereinafter “Defendant Nonghyup”); and the registration of establishment of collateral security as of February 13, 2015.

F. The Deceased died on January 11, 1992, and the inheritor is the Defendant C and D, who is the wife, and his children.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1- 4, and the ground for appeal

2. The summary of the Plaintiff’s assertion is the owner of the land before the instant partition, and the instant land ① and ② the land is divided from the land before the instant partition.

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