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(영문) 대구지방법원의성지원 2016.11.23 2016가단761
가등기말소등기 이행
Text

1. On March 13, 1980, concerning the Plaintiff’s forest G 12 information in Gyeong-gun, Daegu District Court’s Sung Branch Branch of District Court, etc.

Reasons

1. Basic facts

A. On March 13, 1980, the provisional registration of this case was completed on the land indicated in paragraph (1) of the disposition of the Plaintiff-owned land (hereinafter “instant land”).

B. The Defendants, the inheritors of H (Death on December 30, 2001), filed a lawsuit against the Plaintiff seeking implementation of the principal registration procedure based on the provisional registration of the instant case (Sacheon District Court Branched to Daejeon District Court Decision 2005Kadan14270). On August 11, 2005, a decision in lieu of the following adjustment was made, and the decision became final and conclusive on September 23, 2005.

1. At the same time, the Plaintiff received a total of KRW 20 million from the Defendants, and at the same time, received payment from the Defendants as to shares in Defendant B, C, D, and E among the instant land; Defendant F, on March 13, 1980, based on the claim for a provisional registration of transfer of ownership for the reason of completion of reservation on June 18, 2005, pursuant to the claim for a provisional registration of transfer of ownership, which was made under No. 6864 with respect to shares in 3/11 with respect to shares in the instant land.

2. The Defendants waive the remainder of the claims.

3. The costs of lawsuit and mediation shall be borne by each person;

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendants did not exercise their right to claim a principal registration based on the provisional registration of this case for more than 10 years, the extinctive prescription of the said right has expired, the Defendants seek for the cancellation of the provisional registration of this case.

B. On August 24, 2007, the Plaintiff approved the Defendants’ obligation to complete the principal registration based on the provisional registration of this case, and thus the said statute of limitations was interrupted.

3. Determination

A. According to the facts acknowledged earlier as to the expiration of the extinctive prescription, the Defendants may exercise the right to claim the principal registration of the instant land from September 23, 2005, where the decision in lieu of conciliation became final and conclusive, pursuant to the above decision. However, it is apparent that the ten years have elapsed from the date of the closing of argument in the instant case, as of the date of the closing of argument.

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