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(영문) 대전지방법원 2016.02.16 2014가단227383
가등기말소
Text

1. As to Defendant A’s 3/9 shares, Defendant E, C, and D’s shares are indicated in attached Form 2/9 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 21, 1995, the net G entered into a pre-sale agreement with respect to the share of 493.0084/1239.39/1239, out of the Dog K and Daejeon L Underground Floor No. 2, a reinforced concrete building No. 1239.39m2 (hereinafter “instant real estate”) and completed the provisional registration of the right to claim transfer of ownership on September 23, 1995 (hereinafter “the instant provisional registration”).

B. The deceased on July 7, 2010, and the Defendant A, his spouse, succeeded to the 3/9 shares, Defendant B, C, and D’s respective shares of 2/9 shares.

C. The net G died on June 27, 2013.

The network G has children H, I, J and F. children.

The above H, I, and J reported the renunciation of inheritance on September 13, 2013, and the Suwon District Court accepted the above report on November 14, 2013.

F as a heir of G on September 13, 2013, on which the qualified acceptance was reported, and the Suwon District Court accepted the said report on November 14, 2013.

Meanwhile, even though the Plaintiff had a taxation claim of KRW 409,219,430, including value-added tax, against the net G, the Plaintiff did not pay it until the time of death, and the deceased G’s heir did not pay it up to now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-4, Gap evidence 5-1, the purport of the whole pleadings

2. The right which shall have the effect of sale by the other party to the reservation for sale and purchase in the unilateral promise for sale and purchase as to the cause of the claim, that is, the right to conclude the reservation is a kind of creation right which shall have the effect of sale and purchase by the other party to the reservation, if any, within such period, and within 10 years from the time the reservation is made, if there is no such an agreement, and the right to conclude the reservation shall be extinguished upon the lapse of the exclusion period, and may not be interrupted during the exclusion period, such as extinctive prescription;

(See Supreme Court Decision 2000Da26425 delivered on January 10, 2003).

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