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(영문) 서울중앙지방법원 2017.12.07 2017가합25746
소유권말소등기
Text

1. As to the Plaintiff, Defendant B’s share, Defendant C, D, E, F, and G with respect to the share of 3/15, respectively, 2/15:

(a) annex.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet.

B. The Plaintiff’s father H completed the registration of the right to claim a transfer of ownership based on the purchase and sale promise as of August 13, 1987, No. 37884, which was received on August 14, 1987, with respect to each real estate listed in the separate sheet No. 1 to 3, the Seoul Central District Court, Jung-gu District Court, Seoul Central District Court, which completed the provisional registration of the right to claim a transfer of ownership based on the separate sheet No. 37884, and completed the provisional registration of the right to claim a transfer of ownership based on the purchase and sale promise as of October 23, 1987, No. 9499, Oct. 15, 1987 (hereinafter the above provisional registration of each right to claim a transfer of ownership).

C. H did not separately set the period for exercising the right to complete purchase and sale reservation at the time of each of the above reservations, and did not exercise the right to complete purchase and sale reservation on each of the real estate listed in the separate sheet against the Plaintiff before October 5, 2016.

H’s heir is wife B, Defendant C, D, E, F, G and Plaintiff.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, D, E, F, and G

2. The right to make a decision on the cause of the claim is a kind of right to form a sale and purchase, if the parties have agreed to exercise the right within such period, or if there is no such agreement, within 10 years from the time when the reservation is established, and the right to make a decision on the cause of the claim becomes extinct upon the lapse of the exclusion period.

(See Supreme Court Decision 200Da26425 delivered on January 10, 2003). The fact that the date of promise for sale of ownership transfer, which was completed with respect to each real estate listed in the attached list 1 through 3, is August 13, 1987, is the date of promise for sale, which is the cause of registration, and the fact that the date of promise for sale of ownership transfer, which was completed with respect to each real estate listed in the attached list 4 through 9, is October 15, 1987, is that the date of promise for sale, which is the cause of registration, is the date of promise for sale, and ten years have passed thereafter.

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