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(영문) 춘천지방법원 2015.08.21 2014나2192

가등기말소등기절차이행

Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff, the defendant is a simple penalty paper, C is the original plaintiff and the defendant.

B. Since around 1972, C purchased 1/2 shares of 29,184 square meters from D and E prior to the original cityJ (hereinafter “instant land before the instant subdivision”), and completed the registration of ownership transfer under the name of G, and completed the registration of ownership transfer under the name of G. However, on February 3, 1989, C completed the registration of ownership transfer for the said 1/2 shares to the Plaintiff.

C around 194, H purchased 1/2 of the remainder of the land before the instant partition, completed the registration of ownership transfer under its name, and on January 19, 2004, the registration of ownership transfer for the said 1/2 portion was completed on the ground of sale to the Plaintiff.

C. On July 23, 2004, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the land prior to the instant subdivision to the Defendant on July 20, 2004, based on the trade reservation on July 20, 2004.

The land before the instant partition was divided into each real estate listed in the separate sheet (hereinafter “instant land”) through the division, etc. on February 16, 2005 and October 15, 2010.

E. On March 11, 2011, the Plaintiff completed the registration of ownership transfer with K on March 10, 201 due to the gift on March 10, 201, with respect to the 1/2 shares of the land listed in the attached list No. 1.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 4 (including each number, hereinafter the same shall apply) and Eul evidence 1, the purport of the whole pleadings

2. The parties' arguments and the reorganization of issues;

A. The Plaintiff’s assertion (1) The provisional registration of this case is a provisional registration of security established to secure that the Defendant made a subrogation on July 20, 2004, the total amount of KRW 39 million paid by the Plaintiff to the original agricultural cooperative (hereinafter “the original agricultural cooperative”). The Plaintiff paid KRW 60 million to the Defendant on August 5, 2010, which added interest to the subrogated payment.