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(영문) 인천지방법원 2020.01.15 2018가단34338

소유권이전청구권가등기승계절차이행

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and the designated parties obtained a title to order E, the owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to implement the procedures for the registration of ownership transfer as a substitute for construction expenses, but Nonparty 1, the deceased F (Death on February 28, 201; hereinafter “the deceased”) did not formally complete the registration of ownership transfer right claim for each of the instant real estate on February 4, 2003, when the registration of ownership transfer claim was completed on January 28, 2003, based on the pre-sale agreement as of January 28, 2003.

On March 18, 2005, H, represented by Nonparty G, etc., immediately cancelled the provisional disposition on each of the instant real estate, and agreed to make the principal registration along with the transfer and takeover of the provisional registration. Since the provisional registration was completed formally, the above provisional registration was completed formally, the Defendant, as the deceased’s spouse, is liable to implement the procedure for the cancellation registration of the above provisional registration to the Plaintiff.

2. In the judgment, there is no evidence to acknowledge that the above provisional registration has been completed formally, and there is no evidence to acknowledge that it is null and void. The circumstance that H, a representative of G, agreed to transfer or take over provisional registration to the Plaintiff cannot be said to have the right to seek a transfer or cancellation of provisional registration against the Defendant, the deceased and the deceased’s heir, who is the person having the provisional registration. Thus, the Plaintiff’

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.