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(영문) 춘천지방법원 원주지원 2018.03.27 2016가단5732
부동산소유권이전등기이행청구
Text

1. The plaintiff (Counterclaim defendant)'s claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is prior to C in the first week to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On November 24, 1987, the network D completed the registration of transfer of ownership on the ground of sale on November 20, 1987, with respect to the land of 462 square meters (hereinafter “C land”) and 34 square meters (hereinafter “E”) prior to the date of Kuju-si, Kuju-si, on November 24, 1987.

B. As to the land C and E on August 22, 198, F completed the provisional registration of the right to claim ownership transfer on the ground of trade reservation on August 19, 1988, and on September 21, 201, the Plaintiff completed the additional registration of the provisional registration transfer for the reason of transfer on August 29, 2011.

C. The deceased D died on July 7, 1995, and at the time of death, the deceased G and the Defendants were the deceased’s spouse as the inheritor at the time of death.

The deceased G died on December 8, 2006, and at the time of death, there was the Defendants as the inheritor.

[Reasons for Recognition] The plaintiff's argument in the purport of the whole argument by the parties is the right holder of the claim for ownership transfer with respect to the land C and E, the plaintiff is the right holder of the provisional registration for ownership transfer with respect to the land C and E.

The Defendants, the heir of the network D and network G, are obligated to implement the registration procedure for ownership transfer registration based on the registration of the ownership transfer claim as to the land C and E, based on the registration of the purchase contract.

The Defendants’ assertion 1) The Plaintiff is not a person entitled to the provisional registration of the right to claim ownership transfer as to E land. 2) The Plaintiff’s right to conclude the purchase and sale reservation with respect to land C has expired beyond the exclusion period.

Therefore, the Plaintiff, a co-owner of the land C, is obligated to implement the procedure for cancellation of the registration of the right to claim ownership transfer that was completed in the future of the Plaintiff.

Judgment

First, we examine the plaintiff's assertion on E land.

The Plaintiff is named F in the name of F in relation to land E.

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