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(영문) 수원지방법원안양지원 2016.07.20 2016가단101516
가등기말소
Text

1...

Reasons

1. On September 23, 2004, the underlying factual network C completed the registration of ownership transfer based on sale as to the real estate listed in the separate sheet (hereinafter “instant apartment”).

On the same day, the defendant completed the provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement.

(hereinafter “Provisional Registration of this case”). On July 22, 2015, the Deceased died after suicide.

As the inheritor of the deceased, the Plaintiff and D were children, and the Plaintiff and D agreed on the division of inherited property solely to inherit the apartment of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s principal claim 1) The Defendant, upon commencing a de facto marital relationship with the Deceased around 2004, donated the instant apartment to the Deceased, and made a provisional registration of the instant case without entering into a substantive pre-sale agreement by means of false representation without entering into a substantive pre-sale agreement by threatening the Deceased to destroy a de facto marital relationship. Since the Deceased died, the cause of the provisional registration of the instant case should be cancelled. 2) Even if the provisional registration of the instant case was based on a pre-sale agreement, the right to complete the pre-sale agreement was extinguished for the exclusion period of 10 years, and thus the provisional

B. The Defendant and the Deceased began de facto marriage from March 2004. For this purpose, the Defendant purchased the apartment house of this case in the name of the Deceased, and the Defendant promised to return the apartment house of this case to the Defendant in a case where the Deceased destroys de facto marriage.

Since the deceased committed suicide and voluntarily terminated de facto marriage, the plaintiff is obligated to complete the registration of transfer of ownership in the future of the defendant in accordance with the above agreement.

3. Determination

A. The Defendant and the Deceased, after being dead from their respective spouses, were living together and began de facto marriage relations from March 2004.

The defendant shall be his own own consciousness and the deceased.

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