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(영문) 수원지방법원 2017.11.30 2016나21039
가등기의말소등기절차이행
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 1-1 and 2, taking into account the whole purport of the pleadings:

On December 9, 1983, K (1/2 shares) and L (1/2 shares) with respect to 4,598 square meters in Gwangju-si I, Gwangju-si, the registration of ownership was completed, and the registration of ownership transfer was completed on January 27, 1996 with respect to the above 1/2 shares in L's name on February 3, 1990 under the Defendant's name.

B. After that, from the 4,598 square meters in Gwangju-si, I was divided into Maju on December 16, 2003 into Maju on December 16, 2003. On June 7, 2004, 1,109 square meters were divided into N, 1,319 square meters into J, and on July 31, 2014, the 472 square meters was divided into O, respectively. The 1,319 square meters in J-si in Gwangju-si divided the 1,319 square meters into Maju-si P, and on July 30, 2014, the 35 square meters in the 1,319 square meters in Gwangju-si.

(hereinafter referred to as "the total sum of 1,446 square meters and J 1,284 square meters in Gwangju-si after division" is each of the instant land (hereinafter referred to as "the instant land").

On April 9, 2004, with respect to each one-half share in the name of the defendant among each of the lands of this case, the registration of share transfer was completed on April 9, 2004 in the name of "A clan (hereinafter "A clan")" on April 9, 2004. As to each of the lands of this case, the provisional registration of the right to claim share transfer was completed on June 2, 2015 under the joint names of the defendant (1/4 shares) and Qa (1/4 shares) and Qa (1/4 shares) on each of the lands of this case.

(2) Of each of the instant lands, the provisional registration of the right to claim a transfer of shares, which was completed in the name of the defendant with respect to each of the instant lands (hereinafter “the provisional registration of this case”). 2. Summary of the parties’ assertion

A. The plaintiff is a clan or a clan similar organization comprised of persons residing in Gwangju City who live in Gwangju City as a member of the clan with the 15th grandchild of the plaintiff D as the 15th grandchild of the E, which is the 1/2 share holder of each of the land of this case.

The defendant completed the provisional registration of this case on June 2, 2015 without permission, and since this is a registration of invalidation made without any legal ground, the defendant is entitled to make the provisional registration of this case against the plaintiff.

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