가등기가처분에 의한 가등기의 말소
1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall have the Suwon District Court's Sung-nam Branch Office.
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was originally owned by the network C, and the network C was owned on August 2012.
9. The plaintiff died. The plaintiff is the head of the deceased C, and the defendant is the plaintiff's birth with children of the deceased C.
B. As to each real estate of this case, the Plaintiff completed the registration of transfer of ownership based on the agreement on division of inherited property as of November 5, 2012, No. 73306, which was received on November 5, 2012.
C. On August 9, 2012, the Plaintiff and the Defendant concluded an agreement with the Defendant to grant provisional registration on each of the instant real estate under the name of the Plaintiff, and immediately after completing the registration of ownership transfer in the name of the Plaintiff, the Plaintiff filed an application for provisional registration for the provisional registration of real estate purchase and sale of the instant real estate. The said court accepted the Defendant’s application on May 9, 2014. The Plaintiff decided on the provisional registration of the right to claim the preservation of ownership transfer registration under the instant agreement on behalf of the Defendant for the sake of the Defendant, and the provisional registration stated in the main text (hereinafter “the provisional registration”) was completed.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5-1 through 3, the purport of the whole pleadings
2. In full view of the overall purport of the pleadings in each of the statements in Gap evidence 2-1 through 6, Gap evidence 6-1 and Eul evidence 6-2, the plaintiff can be acknowledged as having not concluded an agreement with the defendant on August 9, 2012, which stipulates that the provisional registration of the real estate of this case has not been completed on August 9, 2012. Thus, the provisional registration of this case should be cancelled due to the absence of the grounds for registration.
Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.
3. Conclusion, the plaintiff's claim of this case.