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(영문) 수원지방법원 2020.08.20 2019나64198
가등기말소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

Defendant 2.

Reasons

1. Facts of recognition;

A. On December 29, 1997, the network A completed the registration of ownership transfer based on a donation made on February 24, 1997 with respect to each of the instant lands.

B. C, D, and H completed the provisional registration of this case on each of the land of this case owned by the network A on February 26, 1998 under the received No. 3167 on February 16, 1998, the Suwon District Court Yang Jong-gu Office of Registration. On November 17, 2008, the Defendant completed the provisional registration of this case on each of the above land as of November 17, 2008 by the above registry office No. 47957, Nov. 14, 2008.

C. The mother of the deceased and C, D, and H died on February 24, 1990, and the father J died on October 20, 1999.

(hereinafter referred to as “the networkJ”). D.

The deceased A died on April 22, 2019, and the plaintiffs, who were successors, taken over the instant lawsuit.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 7, and the purport of the whole pleadings]

2. The assertion and judgment

A. The provisional registration of this case was completed in the sense that the Plaintiff’s husband received each land of this case from the deceased J as a condition of support, and that the support of the deceased J was guaranteed to C, D, and H. The reason for the provisional registration of this case ceased to exist until the deceased J fulfilled its duty of support until October 20, 199.

Even if the provisional registration of this case is a provisional registration based on a trade reservation, the right to conclude a trade reservation was extinguished at the expiration of the exclusion period of 10 years.

Therefore, the defendant is obligated to cancel the provisional registration of this case to the plaintiffs.

B. The provisional registration of this case is the provisional registration of this case against C, D, and H, KRW 100 million against D, and the provisional registration of this case was made for the purpose of security for loan claims around February 1999, and the extinctive prescription was interrupted due to the exercise of the above loan claims.

② Even if the provisional registration of this case is the provisional registration for the purpose of a pre-sale, 30 years, which is the period for exercising the right to conclude a pre-sale, which is the cause of the provisional registration

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