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(영문) 서울중앙지방법원 2020.04.24 2018가합569465

가등기말소

Text

1. On September 25, 2008, the registration office of the Seoul Central District Court with respect to each real estate listed in the separate sheet received from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

The net I et al. is less than 'the net'

On September 24, 2008, the Seoul Central District Court's registry No. 48166, Sept. 25, 2008, which received on September 25, 2008, the provisional registration of the right to claim transfer of ownership (hereinafter referred to as "provisional registration of this case") is the provisional registration of this case.

(2) The deceased died on July 16, 2018. The deceased died on May 9, 2005, the deceased’s spouse, and the deceased’s children died on December 5, 1998. The deceased’s spouse died on December 5, 1998, and the deceased’s spouse is Defendant F, G, and H. Accordingly, the deceased’s property succeeded to 1/5 shares as indicated below, and Defendant E/C, the Plaintiff, and Defendant D succeeded to 1/45 shares (1/5 x 3/9 x 3/9) shares, Defendant F, G, and H 2/45 x 2/45 x 9 x 2/9 9 x 9 x 1/2/9) shares, and the deceased’s children included the dispute over the deceased’s respective shares in the case of Defendant E/C, the deceased’s children, and the deceased’s spouse.

2) As to the Defendants, each entry and the entire purport of the pleading are as follows: Confession (Article 150(3) of the Civil Procedure Act)

2. Summary of the parties' arguments

A. The provisional registration of this case by the plaintiff is registration of invalidity of cause caused by false conspiracy between the plaintiff and the deceased in order to prevent the obligees from enforcing compulsory execution against the real estate of this case.

Even if it is not so, the provisional registration of this case is the provisional registration of the right to claim ownership transfer, and the deceased did not exercise the right to complete the purchase and sale reservation within 10 years from the date of establishment of the pre-sale promise, so the deceased's right to complete the purchase and sale reservation has ceased to be over the limitation

Therefore, the Defendants, the inheritor of the deceased, are obligated to cancel the provisional registration of this case.

B. The provisional registration of this case by Defendant B, C, and D is the present or future obligation of the deceased.