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(영문) 수원지방법원여주지원 2020.05.07 2015가단23422
가등기말소
Text

1. The Defendants are entitled to provisional registration and their successors among each land listed in the separate sheet No. 1 list.

Reasons

1. Facts of recognition;

A. BC completed the registration of ownership transfer based on sale on January 28, 1972 with respect to each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) on March 27, 1972.

B. On February 25, 1975, AH, BD, BF, BG, BH (hereinafter “BH”), BJ (hereinafter “BJ”), Defendant C, and D completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on each of the instant land on January 5, 1975.

C. On August 25, 1981, BK completed the registration of ownership transfer on the land of this case on February 10, 1974.

BC completed the registration of ownership transfer on September 1, 1994 with respect to each of the instant lands on August 29, 1994.

E. The Plaintiffs purchased each of the instant land from BC on April 29, 2015, and completed the registration of ownership transfer on August 3, 2015 of each of the instant land.

F. As a result, AH, BD, BE, BF, BG, BH, and BJ (holder of the provisional registration of this case) dies on each date listed in the “AH, BD, BF, BG, B, and BJ” column 2, each of the relevant Defendants entered “heir” in the “heir’s wife and children,” and the “heir” column in the same description, which is a substitute heir, according to the same description, succeeded to each corresponding inheritance share.

【Evidence: Statement of Confession No. 1, No. 2, and No. 3, and the purport of the whole pleadings】

2. Judgment on the parties' arguments

A. As to the cause of the claim, in the unilateral promise as stipulated in Article 564 of the Civil Code, the right that would have the effect of a trade by expressing the other party’s declaration of the completion of the trade promise, that is, the right to conclude the trade promise, if the parties agree to set a period for exercise, within such period, and within 10 years from the time the reservation is made, if no agreement is reached, and within such period.

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