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(영문) 대전지방법원 2015.11.06 2014나4512
토지인도
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

The plaintiffs asserted that the registration of provisional disposition should be cancelled on the land in this case as of July 18, 201, the registration of provisional disposition No. 14011, which was received on July 18, 2011, and the registration of provisional disposition No. 1762, which was received on January 30, 2012 by the court of the same court as the defendant church. However, since there is no right to claim ownership transfer registration based on the completion of the acquisition by prescription, which is the right to be preserved for the above provisional disposition, the right to claim ownership transfer registration based on the completion of the acquisition by prescription, the above provisional

On the other hand, the registration of provisional disposition prohibited by the execution of the provisional disposition can only be cancelled by the cancellation of the provisional disposition by the execution court or by the cancellation of execution by the execution court. Thus, the registration of provisional disposition prohibited by the execution court cannot be enforced by the execution court (see Supreme Court Decision 80Da1872, 1873, Dec. 14, 1982). Of the principal lawsuit of this case by the plaintiffs, the part of the plaintiffs' request for cancellation registration of provisional disposition in this case is unlawful.

Basic Facts

On April 2, 1993, the land was divided into 7852 square meters in Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun (hereinafter “instant land”) and owned a network K and a lodging room, a father of the network H, on April 2, 1993. Around May 26, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502), the Dong H completed the registration of ownership transfer on the grounds of donation on December 25, 1984, with the Daejeon District Court Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Daejeon, on the ground of donation on May 26, 1994 (No. 7915, Dec. 25, 1984). The Plaintiffs completed the registration of ownership transfer on the instant land on the grounds of inheritance on January 6, 2012.

Defendant E Religious Organization FIE (hereinafter “Defendant church”) is not more than a church building on the ground of the area of 331 square meters in the ship which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the instant land in sequence around April 1985, and connected each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1.

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