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(영문) 청주지방법원제천지원 2020.06.03 2019가단21633
소유권이전청구권가등기 말소 청구의 소
Text

1. On October 22, 2001, the Cheongju District Court received each land listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is G, H, and H, and Defendant B’s wife, Defendant C, D, E, and F are children of G.

B. On July 25, 1995, H completed the registration of ownership transfer for 3 and 4 real estate listed in the separate sheet on August 18, 1995, with respect to 5 real estate listed in the separate sheet on August 18, 1995.

C. On March 26, 1996, the Plaintiff completed the registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which the ownership transfer registration was completed under H’s name on March 26, 1996 due to sale and purchase on March 21, 1996.

The provisional registration of the right to claim ownership transfer in the name of G was completed on October 22, 2001, Cheongju District Court Decision No. 23134, Oct. 22, 2001, which was received on October 22, 2001.

(hereinafter “Provisional Registration of this case”) e.

G died on March 13, 2019

(hereinafter referred to as “the network”). [Grounds for recognition] Each entry of Gap evidence 1 through 3, Eul evidence 1, 9, 10, 12 through 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserts that the provisional registration of this case in the name of the deceased, which was established on each real estate of this case, should be null and void or the limitation period of the right to complete the reservation should expire. The plaintiff seeks cancellation against the defendants, who are the inheritor of the deceased.

The Defendants asserted that each real estate of this case was purchased in the name of H and completed the registration of ownership transfer in the name of H, and thus, re-titled to the Plaintiff. As such, the registration of ownership transfer in the name of the Plaintiff is null and void. Thus, the Plaintiff did not claim the cancellation of the provisional registration of this case.

3. Determination

A. Whether the Plaintiff’s ownership of each of the instant real estate is recognized is 1) The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Article 4 (1) and (2) shall apply.

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