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(영문) 의정부지방법원 2016.04.20 2015가단12376
가등기말소
Text

1. Of each land listed in separate sheet 1 and 2, to the plaintiffs:

A. As to Defendant C’s 3/22 shares:

B. Defendant D.

Reasons

1. Basic facts

A. On December 29, 197, with respect to the land prior to the subdivision of Gyeonggi-gun H, Gyeonggi-do (hereinafter “the land prior to the subdivision of this case”), the ownership transfer registration based on the sale on December 19, 1977 was completed on December 19, 197. On the same day, the provisional registration (hereinafter “the provisional registration of this case”) was completed on December 20, 197, based on the purchase and sale reservation (hereinafter “sale reservation”) made on December 20, 197.

B. After that, the provisional registration of this case was changed to the provisional registration of the J-Only's name, which was made on August 26, 1985, December 23, 2005, M in the future L, April 26, 2007, and December 28, 2007, on each of the N in the future. In the process, the provisional registration of this case was also changed to the provisional registration of the 1/2 shares out of the land before the division of this case on the same day on March 8, 2006 on the grounds of partial cancellation of the registration of this case.

C. Meanwhile, on November 14, 2013, the Plaintiffs purchased 1/2 shares of each of the land before the instant partition from N, and completed the registration of sharing on December 17, 2013.

The land before the instant partition was divided into each land listed in the separate sheet (hereinafter collectively referred to as “each of the instant land”) on October 13, 2014, and was divided into each of the instant land according to the sequence thereof. Since then, the land No. 3 was owned by Plaintiff B on February 10, 2015, depending on the partition of co-owned property.

E. Meanwhile, the J died on May 9, 1996, and Defendant C, children, Defendant D, E, F, and G jointly inherited their properties.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 or video (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The right to make trade effective by the contractor’s declaration of intent of the completion of the pre-sale agreement in the unilateral promise for sale and purchase as to the cause of the claim, that is, the right to complete the pre-sale agreement between the parties, is a kind of right to form a pre-sale agreement.

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