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(영문) 창원지방법원 진주지원 2018.08.23 2017가단6241

가등기말소등기절차 이행

Text

1. As to the Plaintiff’s share of 14/98 shares in Defendant B, C, D, and J among the 1,960 square meters in Ha-dong, Ha-dong, Chungcheongnam-gun, Gyeongnam-gun, in relation to each of the 14/98 shares, Defendant E and F respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 1,960 square meters in Ha-dong, Ha-dong, Chungcheongnam-gun (hereinafter “instant land”).

B. In order to avoid compulsory execution, etc. on the instant land, the Plaintiff pretended to purchase and sell the network L with the Plaintiff’s mother, and made a provisional registration of the right to claim transfer of ownership on the instant land (hereinafter “provisional registration of this case”) to the Changwon District Court (Seoul District Court Hadong Branch Office No. 131, Jan. 7, 1989) as the receipt of the receipt on January 7, 198

C. The network L set up Plaintiff, Defendant B, C, D, J, network N, networkO, and network P under the chain of marriage with the network M. D.

The network N died on May 15, 1939, the network M on September 21, 1990, and the network L on May 25, 2002, respectively.

E. The networkO married with Q and left Defendant E and F as his child under the chain.

The NetworkO died on December 31, 1979, and Q re-ex was R on April 30, 1981.

F. The network P married with G and placed Defendant H and I as their children.

The net P died on June 4, 2006.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 12 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The provisional registration of this case, which judged the cause of the claim, is null and void by a false declaration of agreement.

The Plaintiff is obligated to cancel the provisional registration of this case. Defendant B, C, D, J, and R P were deceased and succeeded to each 14/98 shares, respectively. Defendant E and F succeeded to the GO with shares of 7/98 (=14/98 x 1/2). Defendant G succeeded to the 6/98 shares (=14/98 x 3/7), H, and I succeeded to each 4/98 shares (=14/98 x 2/7).

Therefore, with respect to the Plaintiff’s share 14/98 of the instant land, Defendant B, C, D, and J are obligated to implement the procedure of cancelling the provisional registration of this case with respect to shares 7/98 of the instant land, Defendant E and F, and Defendant G with respect to shares 6/98, Defendant H and I with respect to shares 4/98 of the instant land.

3. In conclusion, the plaintiff's claim is with merit, and it is decided as per Disposition by admitting it.