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(영문) 청주지방법원 2014.10.17 2013가단157343
소유권이전청구권가등기 말소
Text

1. The plaintiff and the plaintiff succeeding intervenor's claims are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. On December 20, 1971 with respect to each real estate indicated in the separate sheet of real estate (hereinafter “instant land”), each registration of preservation of ownership (1/5 of each share) was made in the name of D, E, F, G, and Plaintiff A.

B. On June 13, 198, a provisional registration on the indication of the attached provisional registration was made on the land of this case.

C. On December 9, 2013, with respect to Plaintiff A’s portion among one real estate, the Intervenor’s transfer registration was completed on December 9, 2013.

On December 9, 2013, with respect to Plaintiff A’s portion among real estate, the registration of transfer of ownership was made in the name of the Intervenor B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. 1) Summary of the Plaintiff and the Intervenor’s assertion 1) The right to complete the reservation based on the sales reservation, which is the cause of the provisional registration of this case, was extinguished by the exclusion period Do after the lapse of 10 years from the date of the reservation. 2) The Plaintiff is therefore obligated to cancel the provisional registration of this case to the Plaintiff.

3. The intervenors: therefore, the defendant is liable to cancel the provisional registration of this case to the intervenors.

B. The summary of the Defendant’s assertion held that the instant land was trusted in title to D, E, F, G, and Plaintiff A.

The provisional registration of this case is completed in order to prevent the defendant from taking a voluntary disposition of the land of this case held in title by the defendant against D, E, F, G and the plaintiff and to specify that it is the defendant's ownership on the registry, and thus, it cannot be claimed for the cancellation on the ground of the limitation period.

3. Determination

A. In a case where a title trust is held with respect to real estate owned by a clan, if a clan has made a provisional registration to preserve the right to claim ownership transfer registration in its name by agreement with the title trustee in preparation for a case where the title trustee arbitrarily disposes of the real estate held by the clan, such provisional registration shall be made by making the principal registration based on the provisional registration when the title trust relationship

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