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(영문) 수원지방법원 2020.06.04 2019가단570784

가등기말소

Text

The Defendants are the Suwon District Court with respect to each of 1/5 shares of G field 2043 square meters among G field 2043 square meters to the Plaintiff in Seongbuk-do.

Reasons

1. The Plaintiff stated that “The net H did not exercise the right to complete the sale after the provisional registration of this case was completed,” and that “The cancellation of the provisional registration of this case was sought.” (a certified copy of the record on the date of pleading was served to the Defendants who were absent) on the second day of pleading, the Plaintiff stated that “The net H did not exercise the right to complete the sale after the provisional registration of this case.” (The above certified copy of the record was served to the Defendants who

The deceased H completed the provisional registration of transfer of ownership (hereinafter referred to as the “provisional registration of this case”) on November 15, 1985, from the Suwon District Court, No. 36793, which was received on November 15, 1985, with respect to the G 2043m2 (hereinafter referred to as the “instant real estate”).

On April 22, 1986, the deceased on August 7, 1998 after completing the registration of ownership transfer based on sale and purchase as of April 21, 1986, and the Defendants, children, inherited their property.

The Plaintiff is the current owner of the instant real estate.

Inasmuch as the right to conclude the instant provisional registration, which is the cause of the instant provisional registration, has ceased to exist in accordance with the Do of the exclusion period of ten years (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). The Defendants, the person holding the provisional registration, are liable to implement the procedure for the cancellation registration of the instant provisional registration, according to the percentage of inheritance shares

2. Applicable provisions;

(a) Defendant B, C, and D E: Judgment on deemed confession (Article 208(3)2, and Article 150 of the Civil Procedure Act);

(b) Defendant F: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);