소유권이전청구권가등기의 말소등기
1. The Defendants share 1/3 of G sharing among the forest land of 4,231 square meters in Yangsan-si to the Plaintiff (designated parties) and the designated parties.
1. Facts of recognition;
A. On May 28, 1971, the registration of ownership transfer was made with respect to F forest land 4,231 square meters (hereinafter “instant land”) in Ulsan District Court Yangsan-si with the receipt of the Yangsan District Court Yangsan District Office No. 3016, each 1/3 equity in H, I, and G, and thereafter, on January 30, 1974, H’s 1/3 equity was made to the J on June 17, 1995.
B. However, on May 21, 2003, on the following day on May 22, 2003, the receipt of the same registry office on May 22, 2003, which was based on the pre-sale agreement, filed a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with the Defendants as the right holder. In fact, at the time, the pre-sale agreement was not entered into between G and the Defendants on May 21, 2003.
C. Since then G died, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) are the successors of the deceased G.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the provisional registration of this case can be seen as null and void as the absence of grounds for registration, since there is no pre-sale agreement on May 21, 2003, which actually caused the provisional registration of this case. Thus, even if it is assumed that there was a pre-sale agreement between G and the Defendants on May 21, 2003, the provisional registration of this case should be deemed null and void as the absence of grounds for registration. Furthermore, even if it is assumed that there was a pre-sale agreement between G and the Defendants on May 21, 2003, it can be deemed that the right to complete the pre-sale agreement pursuant to the above pre-sale agreement has ceased to expire
Therefore, the Defendants are obligated to implement the procedure for the cancellation registration of the provisional registration of this case in the name of the Defendants with respect to the shares of G 1/3 among the instant land to the Plaintiff, etc.
B. The Defendants, in fact, are placed in trust in the name of H, I, and G with the owner of the land of this case in the K, under the name of H, I, and G, and G at will.