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(영문) 대전지방법원홍성지원 2019.10.01 2019가단487
소유권이전청구권가등기 말소등기
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1. The Defendants are the Daejeon District Court’s budget registry office on January 21, 1986 with respect to the Plaintiff’s 1,254 square meters in Chungcheongnam-gun’s budget U.S.

Reasons

1. On November 21, 2018, the Plaintiff is a person who completed the registration of transfer of ownership with respect to 1,254 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Seoul-do (hereinafter “instant land”).

On January 21, 1986, prior to the Plaintiff’s acquisition of ownership, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed in the name of V, W, and Defendant B.

Of them, V and W were currently deceased, and as the inheritor of Defendant C, D, E, E, F, G, H, I, J, W with the inheritor of Defendant C, L, M, N,O, P, Q, Q, Q, R, and T.

(B) As the right of completion of the P, Q, R, S, and T, which is the cause of the provisional registration of this case, has ceased to exist in the Do of the 10-year exclusion period, the Defendants should implement the procedure of cancellation registration for the provisional registration of this case to the Plaintiff.

2. Determination:

A. Judgment by public notice as to the claim against Defendant J (Article 208(3)3 of the Civil Procedure Act)

B. Confession based on the determination of the remaining Defendants’ claims (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

C. The provisional registration of this case, which is based on the judgment without distinction of shares, is indicated only in the joint names of Defendant B, V, and W, and each share was not specified. It is determined that it is inappropriate for the Defendants to seek cancellation of provisional registration by setting their share ratios among the Defendants, and it is so decided as per Disposition.

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