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(영문) 창원지방법원 마산지원 2021.01.14 2020가단102764

가등기말소

Text

1. As to each real estate listed in the separate sheet Nos. 1 through 13, to the plaintiffs:

A. Defendant C and E.

Reasons

1. Facts of recognition;

A. On August 13, 198, the Plaintiffs entered into a sales contract with Defendant C and E, setting forth KRW 54 million for the purchase price as to the Plaintiffs’ share in the G land in Gyeong-gun and each real estate listed in the separate sheet (Provided, That each real estate listed in the separate sheet No. 14 and 15 is the Plaintiff’s sole name) among the real estate listed in the separate sheet.

B. On November 3, 1988, the right to request the transfer of all shares in the name of Defendant C and E with respect to the shares of the plaintiffs among each real estate listed in the separate sheet was registered and the right to request the transfer of ownership was registered.

(c)

Attached Form

On January 31, 2011, the right to request the transfer of all shares in respect of each real estate listed in paragraphs 1 through 13 of the list was registered and the seizure registration was completed on January 31, 201 with the creditor as Defendant F.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of the above recognition, the right to claim for the principal registration of each of the above provisional registrations against the plaintiffs of defendant C and E with respect to each of the above real estate of this case has expired on November 3, 198 and November 3, 1998 after the lapse of ten years from November 3, 198.

As such, Defendant C and E have a duty to perform the procedure of cancellation of the registration of the right to request the transfer of shares completed for each of the real estate listed in the separate sheet (each of the real estate listed in the separate sheet is not possessed by Defendant C and E until now after the conclusion of the sales contract). Defendant F has a duty to express his/her consent to the registration of cancellation of the above B, etc. as to each of the real estate listed in the separate sheet Nos. 1 through 13.

As to this, Defendant C, Defendant C, and E, did not acquire the certification of farmland acquisition qualifications for each real estate listed in the separate sheet until now, and did not transfer this registration. However, this does not constitute a ground to block the Plaintiffs’ claim.

3. In conclusion, the plaintiffs' claims against the defendants are justified.