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(영문) 수원지방법원안양지원 2017.07.19 2016가단104829

가등기말소

Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. As to Defendant B’s share 3/15:

B. Defendant C.

Reasons

1. On February 18, 1971, I completed a provisional registration on February 19, 1971 with respect to each real estate listed in the separate sheet owned by J, as to the right to claim ownership transfer registration.

The plaintiff purchased each of the above real estate and completed the registration of ownership transfer on June 27, 1975.

I Deceased on June 7, 2001, and his inheritor died on June 7, 2001, are Defendant B (Inheritance 3/15), Defendant G, H, C, D, E, and F (Inheritance 2/15, respectively).

[Ground of recognition] Unsatisfy, entry of evidence A1-2, purport of the whole pleadings

2. According to the above facts of recognition, the net I’s right to conclude a pre-sale agreement was extinguished by the lapse of the exclusion period of 10 years on February 18, 1981.

Therefore, the defendants, the heir of I, are obligated to cancel provisional registration according to their shares in inheritance.

The plaintiff's claim shall be accepted, and the litigation cost shall be determined to be borne individually in consideration of all the circumstances.