logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.02.10 2016가합51368
가등기말소
Text

1. The defendant shall be the plaintiff.

(a) Attached List;

1.2.The District Court in respect of each immovable property described in paragraph.

Reasons

1. Basic facts

A. The Plaintiff and C were married to enter into a marriage with Defendant D, and divorced around April 2010.

B. On March 3, 2011, the Plaintiff, and Defendant C, and Defendant C agreed that each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) and the F apartment No. 1403, Dong 108, Dong 1403 (hereinafter “C-owned apartment”) located outside Chuncheon City, E, and one parcel (hereinafter “C-owned apartment”) should be registered under the Defendant’s name (hereinafter “instant agreement”).

C. According to the above agreement, the plaintiff is among each real estate of this case to the defendant.

1.2. As to the real property in paragraph 2. The District Court of the Dong-ri registry office of the District Court was received on March 10, 2011 No. 5608,

3. 4. On March 9, 201, the Jung-gu District Court, Dong-ri registry office, issued a registration of the right to claim ownership transfer (hereinafter “each provisional registration of this case”), and C filed a registration of the right to claim ownership transfer transfer with the Chuncheon District Court No. 12891 on March 9, 2011 on an apartment owned by C to the Defendant.

On the other hand, on November 5, 2012, the defendant issued C with a cancellation registration of the above provisional registration on apartment owned by C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 4 (including virtual numbers), witness C's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff agreed to cancel provisional registration on March 3, 2016 after five years from the time of the instant agreement, the Plaintiff sought the cancellation of each provisional registration of this case.

As to this, the Defendant asserted that the Plaintiff’s assertion is groundless, inasmuch as the Defendant made a provisional registration at the time of the instant agreement and decided to donate each of the instant real estate to the Defendant after the lapse of five years.

B. According to the statement in Gap evidence No. 1, it is recognized that the defendant, who is a person having the right to a provisional registration at the time of the instant agreement, agreed to terminate the condition without any condition, five years after the date of the provisional registration contract ( March 3, 2011) ( March 3, 2016).

arrow