가등기말소
1. The Defendants’ co-ownership shares of each of the Plaintiffs’ co-ownership of each real estate listed in the separate sheet No. 1 through 3.
1. The Plaintiffs asserted the following facts as the cause of the instant claim. The Plaintiffs are deemed to have led to the confession of Defendant H pursuant to Article 150 of the Civil Procedure Act between the Plaintiffs and Defendant F, G, and I. Based on the evidence No. 1 and evidence No. 2-1, No. 2, and No. 3 between the Plaintiffs and Defendant F, G, and I.
On June 25, 1971, in order to preserve the right to claim ownership transfer based on the purchase and sale reservation with K, the Defendants completed the provisional registration with respect to 1/3 of the K-ownership shares of each real estate listed in the separate sheet No. 1 through 3 (hereinafter “each real estate of this case”) listed in the separate sheet as Seoul East Eastern District Court No. 3171 received on June 28, 1971, each “Preservation of the right to claim ownership transfer due to the purchase and sale reservation as of June 25, 1971.”
(hereinafter “each provisional registration of this case”). (b)
On October 27, 2002, K died, and the Plaintiffs completed their respective registrations of inheritance on 1/15 shares in each of the instant real estate (hereinafter “each of the instant co-ownership shares”) according to the ratio of 1/5, each of their respective inheritance shares, in proportion to 1/3 of the deceased’s shares in each of the instant real estate, as his/her father and wife’s children.
2. The grounds for registration of each of the instant provisional registrations are "Preservation of the right to claim ownership transfer due to trade reservation". The right to complete reservation based on such trade reservation is a right to create a claim under a sales contract and an obligation relationship, and if there is no such an agreement between the parties, it shall be exercised within the period, and if there is no such agreement, within 10 years from the establishment of the reservation, and the right to complete reservation becomes extinct due to the lapse of the exclusion period (see, e.g., Supreme Court Decision 96Da47494, 47500, Jul. 25, 1997). Since it is apparent that ten years have elapsed from the establishment of the above reservation, the right to complete reservation by the Defendants became extinct by the lapse of the exclusion period.
Therefore, each of the instant cases by the Defendants.