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(영문) 의정부지방법원 2018.08.23 2017가단113303

가등기에 기한 본등기절차이행

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. The relationship between the parties 1) E and F were children of the Plaintiff (Namnam), G (Namnam), H (ma), and I (ma), and four male and female. The Defendant is the male and female of F and the Plaintiff’s external third villages. 2) The Defendant died of F on October 13, 2002, and E on March 10, 2017.

(hereinafter referred to as “the network”). B.

The details of registration of each real estate at the time of filing the instant lawsuit are as follows: (i) Nos. 1, 3, 4, 5, J-type land, J-type land prior to the subdivision of each land, and 49m2, J-type 199m2, which is the mother land prior to the subdivision of each land; (ii) on August 21, 191, the Defendant had completed each ownership transfer registration on the grounds of sale as of July 29, 191, and among them, the size of J-type 1941m2, which is 1941m2, as of October 26, 1999 (hereinafter referred to as the “land prior to the subdivision”).

2) Of the L lands before subdivision, J was divided into J, M, or N 10 parcels on October 26, 199 and June 26, 2001, and K was divided into K and O 2 parcels on June 26, 2001.

On the other hand, on August 9, 2001, the defendant registered the preservation of ownership of the attached Form 2, which is an automobile-related facility.

3) Each of the instant real estate is part of the real estate registered in subdivisions in accordance with the above subdivisions. The result of this court’s perusal of the real estate registration records through the Supreme Court’s registration record inspection service appears to have acquired ownership through the acquisition by agreement between South-si and South Korea. The Defendant, on August 28, 2008, issued 10/738 shares of each of the instant real estate in the Plaintiff and G in the name of the Plaintiff and G, respectively, on August 27, 2008, respectively, for each of the instant real estate. (hereinafter “the instant provisional registration”).

On the other hand, on December 21, 2015, Korea accepted land C, which is one of the real estate stated in the preliminary claim, and on the same day, the provisional registration of this case was cancelled. 【Ground for Recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence No. 6 (including the serial number; hereinafter the same).