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(영문) 서울중앙지방법원 2016.09.01 2016가합515686
가등기말소
Text

1. The defendant shall make the registration office of the Seoul Central District Court with respect to C's share 1/6 of the real estate stated in the attached list to C.

Reasons

1. Indication of claim;

A. On April 22, 2005, the Defendant completed the registration of the right to claim the transfer of ownership as of April 22, 2005 by the Seoul Central District Court’s registration office No. 33160 on the ground of the pre-sale agreement as of April 21, 2005 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. C on December 16, 2008, with respect to shares of 1/6 of the instant real estate on December 16, 2008, completed the registration of ownership transfer due to inheritance due to the agreement and division made on June 28, 2008.

C. Since the Defendant’s right to the completion of the reservation based on the purchase and sale reservation as of April 21, 2005 was terminated due to the lapse of the exclusion period as of the lapse of ten years from the date of the establishment of the purchase and sale reservation, the Defendant is obligated to implement the procedure for the registration of cancellation of the above right to the transfer of ownership as to C’s share 1/6 of the instant real estate.

Therefore, the Plaintiff seeks that, as a creditor holding a claim for a loan amounting to KRW 535,00,000, the due date for payment to C, the Defendant, by subrogationing C, who is insolvent, implement the procedure for registration cancellation of the above claim for transfer of ownership as to C’s share 1/6 of the real estate in this case.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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