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(영문) 부산지방법원 2015.07.24 2015가단26869

가등기말소

Text

1. The Defendants, to the Plaintiff (Appointed Party), shall succeed to the attached list among the 11m2 and 15m3m2 in Busan Seo-gu Ja-gu and the 15m2.

Reasons

1. Indication of claim;

A. The area of 11m2 and 15m2 (hereinafter “each of the instant real property”) in Busan Seo-gu, Jan-gu and K was originally owned L.

B. M completed the provisional registration of the right to claim ownership transfer on the ground of preservation of the right to claim ownership transfer transfer registration in accordance with the trade reservation (hereinafter “the provisional registration of this case”) by the Busan District Court Seobu registry office as of March 27, 1967 as of March 27, 1967.

C. As L died on February 12, 1990, the Plaintiff (Appointed Party) and the designated parties inherited L’s property, including his spouse, children, and grandchildren.

According to the death of M on January 2, 1979, the Defendants, including his children, grandchildren, and kins, inherited or inherited each share in the same list of inheritance shares as the changes in the attached list of inheritance in accordance with the Gu Resident Act (amended by Act No. 4199, Jan. 13, 1990; Act No. 4199, Jan. 1, 199) and the current Civil Act.

E. Meanwhile, the provisional registration of the instant case expired the period for exercising the right to complete the purchase and sale reservation for ten years from the date of its completion.

Therefore, the Defendants are obligated to perform the procedure for cancellation registration of the provisional registration of this case with respect to each corresponding share in the inheritance shares in the attached list among each real estate of this case to the Plaintiff (Appointed Party).

2. Grounds for recognition;

A. Judgment on deemed confessions as to Defendant B, C, D, E, and F (Article 208(3)2 of the Civil Procedure Act)

B. Judgment by service of demand against Defendant G, H, and I (Article 208(3)3 of the Civil Procedure Act)