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(영문) 수원지방법원 2018.01.11 2016나71294
소유권이전청구권가등기의말소
Text

1. All appeals filed by the defendant (appointed party), the appointed party B, and C are dismissed;

2. The appeal costs.

Reasons

1. Facts of recognition;

A. On March 21, 1979, E made a promise to sell and purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the real estate as indicated in the separate sheet (hereinafter “instant real estate”) and completed the provisional registration of the right to claim transfer of ownership in the name of E (hereinafter “provisional registration of this case”) with respect to the instant real estate as received No. 14200 on March 27, 1979.

B. E completed the registration of ownership transfer on May 6, 1994 due to inheritance on February 4, 1982.

C. On June 12, 1998, the Plaintiff’s Intervenor entered into a sales contract to purchase the instant real estate with the cancellation of the instant provisional registration, and completed the registration of ownership transfer in the name of the Plaintiff’s Intervenor on August 21, 1998.

On April 27, 199, the Plaintiff entered into a sales contract with the Plaintiff’s Intervenor to purchase the instant real estate while cancelling the provisional registration of this case, and completed the registration of ownership transfer under the name of the Plaintiff on May 6, 199.

E. E died on June 29, 1998, and his heir was his spouse H, Defendant B, C, and D.

H A deceased on April 13, 2010, and E A died on August 13, 2005.

On the other hand, there was J, K, and L as the heir of I, and they renounced the inheritance of property.

The Seoul Family Court (the grounds for recognition) 2005Ra790) / [the grounds for recognition] / [the fact that there is no dispute, each of the descriptions of Gap evidence 1 through 10 (including the number of branches), and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant, the appointed party B, and C, the heir of E, are obligated to cancel the provisional registration of this case to the plaintiff's assistant intervenor according to the sales contract between E and the plaintiff's assistant intervenor. The plaintiff is the defendant and the plaintiff's assistant intervenor in subrogation of the plaintiff's assistant intervenor in order to preserve the right to claim cancellation of provisional registration under the sales contract

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