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(영문) 수원지방법원 2015.08.27 2015가합60514

가등기말소

Text

1. Defendant B, C, and D shall have the Suwon District Court as to each of the 1/3 shares of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff clan held the title trust of each of the real estate listed in the separate sheet owned by the Plaintiff clans (hereinafter “instant land”) with 1/3 shares in the net E, F, and G, and completed the registration of ownership preservation for each of the instant land in the name of E, F, and G, and thereafter, the registration of ownership transfer for each inheritance was completed in the name of H, et al., the heir, who died in both E, F, and G.

B. After that, the plaintiff clan filed a lawsuit against the above inheritors on the claim for ownership transfer registration on the ground of termination of title trust, and the judgment of Suwon District Court 2007Gahap16529 rendered that the above inheritors shall implement the registration of ownership transfer on the ground of termination of title trust with respect to each of the inheritance shares of the land of this case. Accordingly, the plaintiff clan completed the registration of ownership transfer with respect to the land of this case under the above final judgment, which was received on April 19, 2012, by the Suwon District Court Branch Branch Branch Branch Branch of Suwon District Court No. 13738.

C. On December 22, 2012, the Plaintiff clan held a board of directors and passed a resolution to complete the provisional registration of the right to claim ownership transfer of the instant land in the name of Defendant B, C, and D, and accordingly, the said Defendants received from the said Defendants a letter stating that “the provisional registration in the name of the principal with respect to the instant land is a provisional registration for the purpose of preserving the clan’s property, and any right to the said real estate cannot be exercised, as well as an obligation to immediately cancel the instant land without any consideration or condition at the Plaintiff clan’s request, and then, on September 7, 2013, the Plaintiff clan promised to sell the said Defendants and the instant land to the said Defendants KRW 615,500,000,000,000 from the purchase price to the said Defendants, and completed the registration of the right to claim ownership transfer as of September 28, 2013, based on the said contract.

(c).