logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.04.08 2016가단160
가등기 말소
Text

1. The defendant shall receive on May 22, 1985, from the Suwon District Court in relation to the real estate stated in the attached Form to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 2, 1985, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the right to claim ownership transfer of this case”) on the ground of “sale reservation on May 1, 1985,” with respect to the entire share of C, 88.4/1412, which is the entire share of C, among the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Since then, on March 14, 1994, the registration of ownership transfer was completed under D’s name on the ground of “division of co-owned property on February 25, 1994,” and the Plaintiff completed the registration of ownership transfer on November 10, 2014 as to the portion of 238/357 out of the instant real estate on November 7, 2014.

[Ground of recognition] Facts without dispute between the parties, Gap evidence No. 1, the purport of the whole pleadings

2. According to the above facts, the right to claim transfer of ownership of this case expired after the lapse of the exclusion period of 10 years from the date of the reservation.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the provisional right to claim ownership transfer of this case to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

arrow