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(영문) 인천지방법원 2017.05.23 2015가단226433

가등기말소

Text

1. The defendant shall be the plaintiff.

(a) receive May 2, 1986 from the Incheon District Court with respect to real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The plaintiff was the wife of the non-party D, the fourth child of the non-party deceased C, and the defendant was the wife of the deceased C, the second child of the deceased C, and the plaintiff and the defendant were simplified, and the non-party deceased F was the father of the defendant and the deceased C and the deceased.

B. After the registration of ownership preservation was completed on February 5, 1982 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), Nonparty G, the head of the Dong C, was completed on April 7, 1986, and the registration of ownership transfer was completed on April 7, 1986.

C. After the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) has been completed with respect to the real estate of this case on May 1, 1986 on the ground of the pre-sale agreement as of May 1, 1986, the transfer registration of the provisional registration of this case was completed to the Defendant on the ground of sale on the same day as of July 7, 2005.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 5, Eul No. 1, Eul No. 2-1, and Eul No. 2-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserts as follows. (A) The right to conclude a pre-sale agreement of the provisional registration of this case should be cancelled as a registration of invalidity without any cause on the ground of termination of the provisional registration of this case by around May 1, 1996, which was ten years from May 1, 1986, the date of the pre-sale agreement, which was ten years from May 1, 1986, which was the exclusion period. The Plaintiff did not have entered into a pre-sale agreement with the networkF, and for this reason, the provisional registration of this case should be cancelled.

B) Since at least the Defendant occupied and used the instant real estate from July 7, 2005, the Defendant is obligated to deliver the instant real estate to the Plaintiff. The Defendant is obligated to return the amount of unjust enrichment equivalent to the rent, calculated by the ratio of KRW 20,000,00 in total from July 7, 2005 to July 7, 2015, and KRW 200,000 in total from July 7, 2015 to the completion date of the delivery of the instant real estate. 2) The Defendant asserts as follows.