logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.10.29 2020가단507560
가등기말소
Text

The defendant shall receive on March 2, 1990 from the plaintiff on each of the real estate listed in the attached list of Suwon District Court.

Reasons

1. Facts of recognition;

A. On April 13, 1949, the Plaintiff completed the registration of ownership transfer on the ground of sale on February 5, 1949 with respect to the real estate stated in Paragraph 1 of the Attached List.

On March 2, 1990, the defendant completed the registration of transfer of ownership security on the ground of the promise to return the substitute on March 2, 1990 as the receipt No. 5987 of the above real estate.

B. On April 23, 1949, the Plaintiff completed the registration of ownership transfer for the reason of sale on February 5, 1949 with respect to the real estate stated in Paragraph 2 of the attached list.

On March 2, 1990, the defendant completed the registration of transfer of ownership security on the ground of the promise to return the substitute on March 2, 1990, as the receipt No. 5987 on March 2, 199.

(The provisional registration of this case is referred to as the "provisional registration of this case" in addition to the provisional registration of the above paragraphs (a) and (b).

The plaintiff and the defendant are siblings between the plaintiff and the defendant, and the plaintiff's South-North and the defendant are prevented, and the plaintiff's female students are C and D.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The provisional registration of this case is indicated as a substitute return promise on March 2, 1990 on the grounds of registration on the registry of the provisional registration of this case, but the Plaintiff did not have entered into a substitute return promise with the Defendant, and the provisional registration of this case must be cancelled by the registration of invalidity of cause for false conspiracy with the Defendant (it is also argued that the Plaintiff’s cancellation is also a gift contract that is not written, even if the claim of the Defendant’s claim is acknowledged under domestic affairs). 2) Even if the provisional registration of this case is not null and void, if the provisional registration of this case is a provisional registration for the purpose of preserving the priority order of claim for ownership transfer registration, the exclusion period of the right to complete the sale reservation (10 years) was exceeded, and even if the provisional registration of this case is a provisional registration for security

B. The plaintiff actually succeeded to the property of his parents and the plaintiff's assertion.

arrow