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(영문) 수원지방법원 2016.09.08 2015가단28728

대위로 인한 가등기말소

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1. The Defendants are with respect to each inheritance shares listed in the separate sheet among the 2,374 square meters in the wife population TW in the Plaintiff.

Reasons

1. Indication of claim;

A. On December 28, 1989, the real estate of this case was originally owned by the deceased W. The provisional registration of the right to claim ownership transfer on December 20, 1989, under the name of the deceased U and the deceased V, was completed on December 20, 1989.

(hereinafter “the provisional registration of this case”) b.

After that, on May 5, 1995, the registration of ownership transfer was completed on March 30, 2005 with respect to the instant real estate by the deceased W, and on October 26, 2009, the Plaintiff completed the registration of ownership transfer for the instant real estate by agreement and division on March 28, 2007.

C. The deceased on October 4, 2001, the deceased on September 15, 200, and the deceased on September 15, 200, and the deceased on August 200, one of the deceased U co-inheritors, and the Defendants died on August 2002, and finally inherited the deceased U and the deceased’s property by inheritance shares listed in the separate sheet.

The right to claim the transfer of ownership of this case was extinguished on December 28, 1999 due to the lapse of the exclusion period due to the failure to exercise the right to complete the purchase and sale reservation within 10 years from December 28, 1989, which was made by the deceased U and MaV, the person entitled to the provisional registration of the right to claim the transfer of ownership of this case.

As such, the defendants who inherited the deceased U and the deceased V are obligated to cancel the provisional registration of this case as the owner of the land of this case who seeks cancellation as a removal of interference based on the ownership of the land of this case.

2. Applicable provisions;

A. The remainder of the Defendants except Defendant P: The judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act)

(b) Defendant P: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)