소유권이전청구권가등기 말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The current status of the right to each real estate of this case 1) The AA 2,430 square meters (hereinafter “former AA land”) in Hongsung-gun, Chungcheongnam-gun.
(A) and AB 2,970 square meters (hereinafter referred to as “former AB land”).
Each of the above lands was replaced with 2,340 square meters and Z field 3,006 square meters, as seen below.
(2) On April 16, 1998, with respect to the former land A and the former land AB, the right holder of a provisional registration was registered as the Plaintiff, Defendant B, C, D, E, F, H, G, H, I, J, Non-Party AD, AE, AE, AF, AG, AG, and the cause of registration was the provisional registration for the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with the promise to sell and purchase as of March 5, 1998 as of April 16, 1998.
3) Defendant K, L, and M are the successors of the deceased AD, Defendant N (O prior to the opening of names), and P are the successors of the deceased AE. Defendant Q, R, S, and T (Defendant 18) are the successors of the deceased AF, Defendant U, V,W (Defendant 21), and X are the successors of the deceased AG. B. The Plaintiff filed a lawsuit with the Seoul Western District Court in 2014, and the result thereof 1) the Plaintiff filed a lawsuit with Defendant U, V, W (Defendant 21), and the other Defendants and the deceased AG except X, seeking the cancellation of the provisional registration of this case.
In the above lawsuit, the plaintiff has ceased to exist after the lapse of the exclusion period of 10 years from the time when the right to complete the sales reservation, which was the cause of the provisional registration of this case, was established.
One of the causes of the claim was argued.
2. In the above case, the court of first instance cannot claim ownership against the title truster on July 8, 2015. The provisional registration of this case is the provisional registration completed in the name of another person by the clan, which is the title truster, to guarantee the return of the title trust when the title truster terminatess the provisional registration of this case.