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(영문) 의정부지방법원 2019.11.14 2019가단106637

가등기의 본등기절차이행 청구

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1. The Defendant shall, within the scope of the property inherited from the network E, be located within 2,486 square meters in Gyeonggi-gu, Gyeonggi-do.

Reasons

Basic Facts

A. On October 17, 1998, G (formerly, H & I Co., Ltd., Ltd.) entered into a pre-sale agreement with E with regard to the sale and purchase of the FY 2486m2 in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”).

(hereinafter “instant reservation”). (b)

On October 23, 1998, E completed the registration of the right to claim transfer of ownership on the instant land to G Co., Ltd. based on the said trade reservation.

C. According to the instant reservation, “the date of completion of the sale will be April 17, 199,” and when the said date has elapsed, the sale will be deemed to have been completed as a matter of course without the declaration of intention to complete the sale and purchase of G Co., Ltd. (Article 2).

E died on October 19, 2004.

E. On April 1, 2004, J, C, and K (hereinafter “J, etc.”) reported the renunciation of inheritance to the deceased E by the Government District Court 2004Ra1064 on April 1, 2004, and the above court accepted the above report on March 21, 2005.

F. Following the waiver of inheritance as above by the above J et al., the Defendant, the grandchildren of the deceased E, inherited the property of E.

G. On March 19, 2014, the Defendant filed a report on the re-approval of inheritance with the District Court 2014Ra612, and the said court accepted the said report on June 27, 2014.

H. However, on October 2, 2008, J et al. filed a lawsuit seeking the registration of ownership transfer based on the instant purchase and sale reservation against the above-mentioned persons as the deceased E’s heir, thereby filing a lawsuit with the Government District Court 2008Gadan59780.

On April 1, 2009, the above case was tried by public notice for K, and the J and C did not submit a written response, the above court rendered a judgment that the above J et al. shall comply with the procedure for ownership transfer registration based on the above provisional registration with respect to the land of this case, and the above judgment became final and conclusive.

I. Meanwhile, the Plaintiff’s land from G Co., Ltd. on February 13, 2019.