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(영문) 서울중앙지방법원 2020.04.28 2019나35109

가등기말소

Text

1. Of the judgment of the first instance, the Plaintiff (Counterclaim Defendant) among the real estate indicated in the separate sheet to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On March 5, 1980, with respect to each real estate listed in the separate sheet (86 square meters prior to the division, and the Fri-gun, Pyeongtaek-gun, prior to the change of the name of the administrative district; hereinafter “each of the instant real estate”) listed in the separate sheet on March 5, 1980, the ownership transfer registration for one-half shares of the Plaintiff (H prior to the name of the Plaintiff) and I was completed on the ground of sale on February 28, 1980. On December 24, 1984, the provisional registration for preserving the claim for ownership transfer registration by J on December 22, 1984 (hereinafter “the provisional registration of this case”) was completed on the ground of the provisional registration of this case on August 22, 201, and the registration of transfer of shares of the Defendants were transferred to the heir of the Plaintiff and I on July 25, 201 and the Defendants were transferred to the heir of the Defendants of this case on July 1, 2081.

The real estate indicated in Gyeonggi-do shall be transferred to C by means of a universal sale and purchase principal registration (the creation of an heir at an agreement that guarantees the heir's 1/3 shares) under mutual agreement, while the heir shall be treated as the heir's 1/3 shares in the status of a provisional sale and purchase registration (the establishment of an heir at an agreement that guarantees the heir's 1/3 shares), but the heir's 1/3 shares in M, A, and the heir's 1/3 shares in the real estate indicated in the real estate indicated in the 283 registry among the land listed in the 283 registry, after deducting expenses such as the 17,029,624 won from A's shares and the repayment of the asset management work (17,029,624 won) from A's shares in the 283 registry.

Therefore, the tax system and the amount to be borne are signed and sealed to be responsible for shares.

B. On July 17, 2012, the Plaintiff, M, and Defendant C entered into an implementation agreement with the following content.