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(영문) 수원지방법원성남지원 2019.04.25 2018가단18954
소유권말소등기
Text

1. Of the 640 square meters in Gwangju City, Defendant B with respect to the share of 3/11, Defendant C, D, E, and F, respectively, shall be the share of 2/11.

Reasons

1. The basis for the request;

A. On December 24, 1984, H completed the provisional registration of the right to claim ownership transfer on the ground of the promise to trade on December 24, 1984 with respect to the G-gu 640 square meters in Gwangju-si, which was owned by H, Suwon District Court, Sung-nam Branch of Busan District Court on December 28, 1984 (No. 24139).

B. Although H had the provisional registration of the above right to claim ownership transfer, it completed the registration of ownership transfer from I as of November 23, 1994, received on the ground of sale as of June 10, 1985.

C. The provisional registration is already extinguished due to confusion when a person holding a provisional registration has made a separate registration of ownership transfer without making the principal registration on the basis of the provisional registration.

As such, Defendant B, the heir of H, as the Plaintiff, is the owner of the above land, has a duty to implement the procedure for cancellation of the registration of the above right to claim ownership transfer as to the share of 3/11 of the above land.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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