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(영문) 창원지방법원마산지원 2017.05.31 2017가단554

가등기말소

Text

1. The defendant shall make the original district court with respect to the plaintiff's share of 4/6 of each of the real estate listed in the attached list.

Reasons

1. Indication of claim;

A. On December 15, 1997, Nonparty C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the name of the Defendant with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on December 15, 1997.

B. C died of Nonparty D, E, F, G, H, and I, who was the bereaved family of February 2, 1998, as the bereaved family of Nonparty D, E, F, H, and I. On October 2, 2012 with respect to one-six shares of each of the instant real estate, the transfer registration for ownership was completed on the ground of inheritance on February 2, 1998 in the name of D, E, F, G, H, and I.

C. The Plaintiff was sold each of the instant real estate at the voluntary auction procedure, and completed the registration of ownership transfer on January 16, 2017.

On August 8, 2014, the alteration registration was completed on the provisional registration of this case in the name of the defendant with respect to each real estate of this case, changing the shares of the person holding the provisional registration to 4/6.

(e) the right to complete a pre-contract is a kind of right to form a contract and has agreed upon the exercise period between the parties, if not, within 10 years of the establishment of the pre-contract, and upon the expiration of that period, the right to complete the pre-contract ceases to exist due to the lapse of the exclusion period.

(See Supreme Court Decision 200Da26425 Decided January 10, 2003). On December 15, 1997, concluded between the defendant and the deceased C with respect to each of the instant real estate, the right to complete the purchase and sale reservation was extinguished after the expiration of the exclusion period since it was not exercised within 10 years from December 15, 1997, when the purchase and sale reservation was established, and thus, the provisional registration in the name of the defendant with respect to share 4/6 out of each of the instant real estate was invalid for the cause for which the cause for registration ceases to exist.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).