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(영문) 서울중앙지방법원 2018.02.01 2016가합10839

소유권이전청구권가등기말소

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1. The Seocho-gu Seoul Central District Court completed the registration of the Seoul Central District Court on November 1, 1980 as the receipt of No. 8760 on November 1, 1980.

Reasons

Around October 30, 1980, H, Defendant C, and I entered into a promise to purchase the Seocho-gu Seoul Metropolitan Government 202.3 square meters (hereinafter “instant land”) from J, and the Seoul Central District Court registered on November 1, 1980 and completed the registration of the right to claim the transfer of ownership under H, Defendant C, and I’s name. Following the purchase of the instant land by H, Defendant C, and I, as the Seoul Central District Court No. 10262, Dec. 18, 1980, H and the Defendant C purchased the instant land, and as the Seoul Central District Court No. 100262, Dec. 18, 1980; H acquired the ownership transfer registration with the share of 2/4; H acquired the share of the instant land from Defendant C and I; on the other hand, purchased the share of each of the instant land from Defendant C; on the other hand, Defendant C and C were aware that each of the instant shares was inherited by the Plaintiff 1 and C.

Therefore, the plaintiffs, as owners of the land of this case, have completed the registration of the right to claim the transfer of ownership without any special title as to the land of this case and can seek implementation of the procedure for the cancellation of the registration of the right to claim the transfer of ownership as the exercise of the right to claim the cancellation of the right to claim the above right to claim the transfer of ownership. As to the share of one-third of the presumed shares of the above provisional registration, the defendant D, E, and F, are obligated to perform the procedure for cancellation of registration in proportion to their shares of each of the above provisional registration (i.e., 1/3 x 1/3).

Ultimately, Defendant C is 2/9 (=2/3 x 1/3) to Plaintiff A.