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(영문) 서울서부지방법원 2019.09.10 2019가단205308
가등기말소
Text

1. The Seodaemun District Court (Seoul Western District Court) received on January 2, 2006 as the receipt No. 116 on real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. Plaintiff A is the wife of the deceased H (Death on January 15, 2018), Plaintiff B, C, and D are the children of the deceased H.

The defendants are siblings of the net H.

B. On October 6, 2004, Plaintiff A and the network H are co-owners who completed the registration of ownership transfer with respect to one half of the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 20, 204.

C. On January 2, 2006, the network H completed the provisional registration of the right to claim the transfer of all shares (hereinafter “the provisional registration of this case”) for each of the instant real estate portion on January 1, 2006 by the Seoul Western District Court, Seodaemun-gu Office of Registry No. 116, which was received on January 2, 2006, as to the respective share of the instant real estate, and the Defendant G for each of the instant shares on the same day.

[Reasons for Recognition] Defendant E and F: The fact that there is no dispute over Defendant G, the entries in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The Plaintiffs asserted that the instant provisional registration was made without any cause or ten years have passed since the period of exclusion from the exercise of the right to complete the purchase and sale reservation was 1/4 shares, and that the Defendants who inherited the net I’s property in shares of each of the 1/4 shares, among the provisional registration of this case, have the obligation to cancel shares (1/16 each), and that Defendant E/F shall be deemed to have led to the confession under Article 150(3) and (1) of the Civil Procedure Act as to the alleged facts.

3. Determination as to the claim against Defendant G

A. The Plaintiffs asserted that the instant provisional registration was made without any cause, or that the period ten years has elapsed since the period of exclusion from the exercise of the right to complete the purchase and sale reservation was cancelled. Accordingly, Defendant G purchased the instant real estate and entrusted only the title of ownership to Plaintiff A and Defendant G in the name of the Plaintiff and Defendant G, and subsequently filed the instant provisional registration under the name of the Plaintiff I and Defendant G.

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