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(영문) 인천지방법원 2015.01.30 2013가단45906
가등기에기한본등기절차이행
Text

1. The Defendants are the Incheon District Court with respect to each share of 466.66/4200 among the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), (1) on November 7, 2002, the ownership transfer registration based on the purchase and sale as of October 5, 2002 was completed in the near future F, and (2) on the share 165/495 among them, the provisional registration of the right to claim partial transfer of ownership based on the purchase and sale reservation as of November 15, 2002 (hereinafter “the provisional registration of this case”) was completed on January 8, 2003.

B. Of each of the instant real estate, the registration of ownership transfer for (1) 1/7 shares was completed on May 2, 2005 in the name of G on April 11, 2005; (2) with respect to shares 149765/49000 shares; (3) the registration of ownership transfer for sale as of July 21, 2006 in the name of H on September 28, 2006; and (4) the registration of ownership transfer for sale as of March 8, 201, which was completed on March 4, 2011.

C. The F had been married with E on November 28, 1984 to form the Defendants as their children, and the F divorced on December 21, 2005.

The F died on October 21, 2006, and on January 4, 2013, the registration of ownership transfer was completed for the Defendants, who were their children, due to inheritance in the future.

(Each 7721/4200 Shares). [Reasons for Recognition] / [No dispute, each entry in Gap evidence 1 to 7, Gap evidence 2, Eul evidence 11-1, 2, 3, and 12

2. Determination as to the cause of action

A. (1) The Plaintiff asserted that, although the Plaintiff purchased each of the instant real estate jointly with F and H, F alone completed the registration of ownership transfer with respect to each of the instant real estate, F alone completed the registration of ownership transfer, and the provisional registration of this case was completed in the future of the Plaintiff in order to preserve the right to claim for ownership transfer registration with respect to the Plaintiff’s share among the instant real estate, the Defendants, F’ heir, are liable to implement the principal registration procedure based on the provisional registration of this case.

(2) The Defendants are entitled to provisional registration of this case.

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