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(영문) 서울중앙지방법원 2015.12.16 2015가단87392
소유권이전청구권가등기말소등기
Text

1. The defendant, among the real estate listed in the separate sheet, against the plaintiff A and B

1.As to 5.0, attached Form C to the plaintiff C.

Reasons

1. Basic facts

A. Plaintiff A and B are the sequences among the real estate listed in the separate sheet (hereinafter “instant land”).

1. to 1.

5. On February 26, 2015, land is the owner of each of the above land, which completed the registration of ownership transfer on April 27, 2015, after purchasing 1/2 each from F, the former owner of the above land.

B. The Plaintiff C: (a) the sequence of the instant land

6. The land is purchased from F, the former owner of the land on April 23, 2015, and completed the registration of ownership transfer on April 27, 2015.

C. Plaintiff D is the sequence among the land of this case

7. On February 26, 2015, land is purchased from F, the former owner of the above land, and completed the registration of ownership transfer on April 27, 2015. D.

On the other hand, the instant land was owned by G. G. On April 15, 1988, G completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) against the Defendant on April 16, 198 on the ground of the pre-sale agreement on April 15, 1988, by the Cheongju District Court No. 6891, Cheongju District Court’s receipt of the registration office of Cheongju District Court

E. After that, G sold the instant land to F on September 3, 1996, and F sold each of the instant land to the Plaintiffs as seen earlier, and the instant provisional registration remains as it remains.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. The Plaintiffs asserted the cancellation of the provisional registration of this case due to repayment were filed with the provisional registration of this case to secure the claim against G where the owner of this case was the owner of this case. However, in the process of transferring ownership to F in F in F in 1996 the ownership of this case, G, F, and the Defendant agreed to transfer ownership to F in the process of transferring ownership to F in F in F, and F, F agreed to pay the amount of money to the Defendant, and F agreed to pay the claim equivalent to the land price to F in full, and the secured claim of the provisional registration of this case became extinct due to repayment.

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