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(영문) 춘천지방법원 2018.08.22 2017나623

가등기말소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E completed on August 26, 1998 the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) issued on August 25, 1998, No. 34625, which was received on August 26, 1998 from the Chuncheon District Court Branch, for the instant land owned by F.

B. Around December 8, 1998, the Defendant acquired the right to claim transfer of ownership from F to E with respect to the instant land, and completed the registration of transfer of ownership (hereinafter “instant supplementary registration”) by the court No. 53400, Dec. 10, 1998, which received on December 10, 1998.

C. On August 21, 2000, the Defendant filed a lawsuit against E with the lower court seeking implementation of the procedure for principal registration of ownership transfer registration based on the provisional registration of this case as the main district court’s main branch office 2000Kadan6932, and on May 29, 2001, a judicial compromise was established between the Defendant, E, and the Intervenor F on May 29, 2001 (hereinafter “instant compromise”).

Reconciliation Clause

1. The settlement intervenor (F) shall pay to the defendant (C) the amount of twenty-five thousand won not later than June 30, 2002;

2. The defendant (C) shall cancel the supplementary registration of this case with respect to the land of this case to E at the same time with the payment of the amount of Paragraph 1 from the reconciliation intervenor (F).

3. The remaining claims of the defendant (C) shall be waived.

4. The costs of lawsuit shall be borne by each person;

E died on November 15, 2005, and the inheritor was the Plaintiff A and his child, a spouse.

The Plaintiffs completed the registration of ownership transfer on August 5, 2016, based on inheritance in proportion to Plaintiff A3/5 and Plaintiff B2/5 with respect to the instant land.

E. The Defendant did not pay F the settlement amount of KRW 25 million following the instant reconciliation. The Defendant filed a lawsuit against the Plaintiffs, the inheritor, seeking implementation of the principal registration procedure based on provisional registration under the Chuncheon District Court's 2008Gadan5829, the original district court's original district court's 2008Gadan5829. However, the above court's claim on November 12, 2008 is the right as a dispute included in the instant settlement clause.