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(영문) 제주지방법원 2016.04.08 2015가단9492
가등기에 기한 본등기절차이행 청구의 소
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Based on the facts, the Plaintiff completed the provisional registration of the right to claim transfer of ownership on July 30, 2008 with respect to the land of 2,965 square meters (hereinafter “instant land”) owned by the mother on July 31, 2008, Seopopopopopo District Court No. 30190, the mother, Seopopo District Court No. 301, Jul. 31, 2008.

After the death of E on April 3, 2010, the Plaintiff, who is the husband, and Defendant C, jointly inherited the instant land.

Defendant B sold his share to F among the instant land on May 23, 2014, and completed the registration of ownership transfer on June 9, 2014.

[Ground of recognition] Fact-finding, Gap evidence Nos. 1, Eul evidence Nos. 1, assertion of the purport of the whole pleadings, and plaintiff's assertion by the parties to judgment on July 30, 2008, the mother of the land of this case made a trade reservation with respect to E and the land of this case, and completed provisional registration of the right to claim transfer of ownership on the land of this case based on the above trade reservation.

The plaintiff expresses his/her intent to complete the pre-sale by serving a duplicate of the complaint of this case.

Therefore, the defendants who inherited the land of this case from E are liable for registration to complete the principal registration based on the above provisional registration according to their shares.

The plaintiff of the defendants' assertion did not have entered into a trade reservation with E.

Since the plaintiff completed a provisional registration of the above land at will in the future E, the above provisional registration is null and void.

Therefore, the plaintiff is obligated to cancel provisional registration based on the above trade reservation to the defendants, who are co-inheritors of E.

Judgment

According to the above facts as to the validity of the instant purchase and sale reservation and provisional registration, it is recognized that the Plaintiff completed provisional registration on the instant land due to the purchase and sale reservation made on July 30, 2008.

However, as the premise of the plaintiff's claim, we first examine whether the purchase and sale reservation and provisional registration of this case are valid, this is the cause of defendant B's counterclaim claim.

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