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(영문) 춘천지방법원 원주지원 2017.03.23 2016가단6339
가등기말소
Text

1. The defendant accepted on August 26, 1998 from the plaintiffs the defendant as to the 2,370 square meters of Kuju-si D's response 2,370 square meters.

Reasons

1. Facts of recognition;

A. E owned the real estate indicated in the text (hereinafter “instant land”). However, F completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on August 26, 1998, the receipt of 34625 from the original district court of Chuncheon as of August 26, 1998, as to the instant land, on August 25, 1998, by the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”).

around December 8, 1998, the defendant acquired the right to claim ownership transfer from F to E with respect to the land of this case, and completed the right to claim ownership transfer transfer registration by the court No. 53400, Dec. 10, 1998 with respect to the land of this case.

B. On August 21, 200, the Defendant filed a lawsuit against the principal registration of transfer of ownership (200 Ghana6932) based on the provisional registration of this case against the principal registration of this case against the Chuncheon District Court Branch E.

On May 29, 2001, the Defendant, E, and the Reconciliation Intervenor F paid KRW 25 million to the Defendant by June 30, 2002, and the Defendant, while receiving KRW 25 million from the Reconciliation Intervenor, shall cancel the registration of the right to claim transfer of ownership as of December 10, 1998, which was completed as of December 10, 1998, with the payment of KRW 25 million from the Reconciliation Intervenor, and waives the remainder of the claim.

C. E died on November 15, 2005, and as inheritor, there is Plaintiff A and Plaintiff B, a spouse.

The Plaintiffs completed the registration of ownership transfer on August 5, 2016, based on inheritance in proportion to Plaintiff A3/5 and Plaintiff B2/5 with respect to the instant land.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1's each entry, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, instead of receiving KRW 25 million from F of the reconciliation intervenor F in the above judicial compromise, renounced the claim for the performance of the principal registration procedure of ownership transfer registration based on the provisional registration of this case, the defendant's claim for ownership transfer registration based on the provisional registration of this case was extinguished, and the result is that.

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