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(영문) 수원지방법원 2018.09.11 2017나77879

가등기말소 등 청구의 소

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On August 25, 2014, the Plaintiff: (a) has a claim for reimbursement against I; (b) has won the claim for reimbursement; (c) has been awarded a favorable judgment against I by filing a lawsuit for the claim for reimbursement; (d) has filed a lawsuit for the extension of prescription with the Seoul Western District Court Decision 2014Da22036, the Seoul Western District Court rendered a final judgment on August 25, 2014 that “I shall pay to the Plaintiff the amount of KRW 27,08,094 and KRW 24,243,49 as to the amount of KRW 20% per annum from December 29, 198 to December 31, 1998; and (d) has been awarded 18% per annum from the next day to October 28, 2003; and (e) has been awarded a favorable judgment around that time.

B. On January 31, 1981, I completed the registration of ownership transfer on each of the instant land and the instant two land (hereinafter “each of the instant land”). On December 30, 1974, I subsequently owned 3573.2 shares of 526/5 of the instant land on September 4, 2002 through the division of jointly owned property and the sale of some shares, etc., and owned 11336/126 shares on each of the instant two land.

C. On September 4, 2002, I completed on September 2, 2002 the provisional registration of the right to claim the transfer of part of shares on the ground of the purchase and sale reservation on September 2, 2002 with respect to each of the land of this case on September 1, 2002. On the same day, I completed the provisional registration of the right to claim the transfer of ownership on the same ground with respect to the share of 11336/1269 out of the land of this case on September 2, 202 (hereinafter “each of this case’s provisional registration”). D.

I is the birth of Defendant B, and is the wife of Defendant C, and I has no particular property except the co-ownership of each land of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Each provisional registration of the Plaintiff’s assertion is made.