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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who owns 2628/3283 shares among the land area of 3283m2 (hereinafter “instant real estate”) in Seocho-gu, Changwon-si, Changwon-si, and D is the Defendant’s husband.
B. D, under the name of the defendant, prepared a certificate of ownership between the plaintiff and the plaintiff on March 29, 1997, with the E Notaries Joint Office, etc. No. 11135 on March 29, 1997. The contents are as follows:
(2) On May 26, 1997, the Plaintiff stated that the number of the certificate (No. 2) was different from the number of the real estate in fact in the process of issuing a certified copy of the real estate register of this case at the fourth date for pleading, and that the Plaintiff was aware of the fact that the number of the certificate (No. 2) was different from the number of the real estate in fact.
In ordinary number: Ownership is registered under B's sole name on the register of 999, but among them, it shall be confirmed that G A's ownership is included in 252 square meters, and the burden of public charges shall be borne according to their respective shares of ownership, and sale shall be borne by each other, but when the security is created, it shall be done under mutual agreement.
Co-owners of B shares in the register A
C. On May 4, 2004, in order to preserve the right to claim for ownership transfer registration pursuant to a sale agreement as of March 29, 1997, the Plaintiff sent to the Defendant a document evidencing that the Plaintiff would compel the Defendant to implement the procedure for ownership transfer registration of the share purchased among the instant real estate. On May 14, 2004, the Changwon District Court 2004Kadan5563 decided on May 14, 2004, issued a provisional injunction for real estate transfer registration (hereinafter “provisional injunction”). The provisional injunction was completed on May 18, 2004.
On October 30, 2015, the defendant applied for provisional disposition of this case for three years after filing an application for provisional disposition.