가등기말소
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) with respect to the share 113/275 out of 873 square meters prior to Pyeongtaek-si C.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 21, 1968, E acquired the ownership of 909 square meters (the name of the administrative district is changed to Pyeongtaek-siF on May 10, 1995) prior to Gyeonggi-gun C, and completed the registration of ownership transfer for shares 113/275 out of it to G on November 21, 1968, and the said land was divided into the instant land and road on August 20, 1973.
B. G completed the provisional registration of claim for transfer of ownership (hereinafter “the provisional registration of this case”) on the ground of a pre-sale agreement as of December 29, 1986 with respect to its own shares among the instant land and the roads, under the Suwon District Court’s Song District Court’s receipt No. 684 on January 10, 1987, and the attached H died on May 29, 2001, the Defendant completed the registration of the instant provisional registration on July 7, 2003, on the ground of inheritance by a division as of May 29, 2001.
C. Of the instant land (excluding the instant road) of G, which died around October 19, 195, the registration of ownership transfer was completed in the entirety of shares of K, L, M, and Plaintiff, each heir of G, 1,356/13,200, as a result of the formal auction procedure for partition of co-owned property was conducted by Suwon District Court J as a co-owner upon the I’s subrogation application of the said co-owner. < Amended by Presidential Decree No. 2603, Feb. 12, 2015>
On the other hand, G with respect to 111/716 of equity shares in Nga 2,367 square meters adjacent to the instant land, G completed the registration of ownership transfer on November 21, 1968 by reason of sale and purchase as of December 29, 1986, and H completed the registration of ownership transfer on January 10, 1987, and H again completed the registration of ownership transfer on April 16, 1991, on the ground of sale and purchase as of April 1, 1991.
The above N2,367 square meters were divided into eight lots on April 20, 1992. Of divided land, H 356 square meters (hereinafter “instant land”) completed the registration of ownership transfer on July 10, 1992 due to the partition of co-owned property, and the Defendant completed the registration of ownership transfer on July 7, 2003 following the death of H.
Grounds for recognition: Facts without dispute, Gap evidence 1, Eul 1, 2.