logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.03 2016가단5449
가등기말소등기
Text

1. The Defendants are Suwon District Court with respect to each of 1/3 shares of 1,647 square meters of land for factory E in the event of harmony with the Plaintiff.

Reasons

1. Basic facts

A. The land indicated in the Disposition No. 1 (hereinafter “instant land”) was F’s ownership. G entered into a pre-sale agreement with F on March 21, 1979 and completed the provisional registration of ownership transfer claim (hereinafter “provisional registration”) as of the instant land as of March 27, 1979 on the ground that it entered into a provisional registration with F on March 21, 1979. On February 4, 1982, it acquired ownership of the instant land by succeeding F on February 4, 1982, and completed the inheritance registration on May 6, 1994.

B. On January 16, 1997, H completed the registration of ownership transfer on March 7, 1997 after receiving a successful bid for the instant land at the auction procedure, and thereafter completed the registration of ownership transfer on March 7, 1997, and thereafter the Plaintiff acquired the ownership by completing the registration of ownership transfer on January 22, 2015 with the same registry office No. 14236 on January 22, 2015.

C. Meanwhile, after the death of June 29, 198, G succeeded to G by J, Defendant B, Defendant C, and Defendant D, who are the spouse, and their children. Since then after the death of I, J, Defendant B, Defendant C, and Defendant D became the heir of G.

Since then, after the death of August 13, 2005, the J succeeded to K, L, and M, his spouse, and received the declaration of renunciation of inheritance from the Seoul Family Court on October 13, 2005 as 2005Ra790 on October 13, 2005.

E. Therefore, the Defendants’ share of inheritance became 1/3 each.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the claim: The right which shall have the effect of a trade by declaring the other party to the unilateral promise for trade; that is, the right to complete a trade promise is a kind of right to form and conclude a trade promise, if any, within such period; and within 10 years from the time the reservation is established, if there is no such an agreement, within such period; and the right to complete the trade upon the expiration of such period shall expire; and

Supreme Court Decision 2000Da26425 Delivered on January 10, 2003

arrow