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(영문) 창원지방법원마산지원 2019.06.19 2018가합101055
가등기말소
Text

1. On March 18, 1989, the Changwon District Court Branch of the Republic of Korea Branch on the real estate stated in the attached list, received on March 18, 1989.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), each of the following registration has been completed:

(1) The F ownership transfer registration on February 5, 198 Doz. Doz. on March 18, 1989 (the grounds for the registration: trade reservation on March 17, 1989; hereinafter referred to as the "provisional registration of this case") G on March 18, 198 Doz. Z ownership transfer registration and the provisional registration on March 18, 198 Doz. Z ownership transfer registration on June 18, 1996 Doz. (the grounds for sale on May 20, 1996) and on December 29, 2006 H ownership transfer registration on March 22, 2007.

B. G died on July 11, 2007, and the remaining Defendants, the spouse of G, succeeded to their property.

C. Meanwhile, on April 17, 2019, the Defendants submitted a written answer stating that “The costs of the lawsuit shall be borne by the Plaintiff with respect to the purport of the claim, and the Defendants, the successors of G, for whom 10 years have passed since the death of G, did not know about the provisional registration of this case, and agreed to waive their rights to provisional registration in consultation with the Plaintiff’s agent,” and did not appear on the date of the first hearing.

[Ground of recognition] The non-contentious facts, Gap evidence No. 1 (including the paper numbers), the fact-finding inquiry results about the Busan Dong community service center, the purport of the whole pleadings

2. According to the facts established above, barring any special circumstance, the right to conclude a pre-sale agreement based on the pre-sale agreement as of March 17, 1989, which is the grounds for registration of the provisional registration of this case, has expired ten years after the expiration of the exclusion period. If the provisional registration of this case is the so-called provisional registration based on the pre-sale agreement for the security of claims, G completed the registration of ownership transfer based on sale on June 18, 1996 with respect to the real estate of this case on May 20, 1996, and eventually belongs to G, which is the same principal agent, and thus, the secured obligation of the provisional registration of this case is extinguished by confusion.

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