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(영문) 서울동부지방법원 2019.04.30 2018가단131088
가등기말소
Text

1. Of the real estate listed in the separate sheet to the Plaintiff:

A. As to Defendant B’s share 61.69/5,192

Reasons

1. Of the real estate listed in the separate sheet indicating the claim, Defendant B filed a provisional registration on July 9, 1975 with respect to the share of July 61, 1975.69/5,192 on July 9, 1975, and E completed provisional registration on October 7, 1975 with respect to the share of July 74.02/5,192 on December 19, 1975. However, the right of completion of each of the above sale agreements by Defendant B and E extinguished upon the lapse of the exclusion period of 10 years.

Therefore, Defendant B and E are obligated to cancel each of the above provisional registrations, and E died on May 31, 2003, and as the wife F and children, G, H, Defendant C, and D were co-inheritors, the Plaintiff, the owner of the real estate listed in the attached list, seeking the cancellation of the above provisional registration.

2. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant C or D: Article 208(3)2 of the Civil Procedure Act (a judgment made by deeming that the case is one’s own)

3. The plaintiff's claim as to the part above the inheritance shares of defendant C and D with reasons for partial dismissal is without merit.

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