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1. As to the real estate stated in the separate sheet to D:
A. Gwangju District Court No. 55641, Sept. 10, 2004
Reasons
1. Facts of recognition;
A. D completed the registration of initial ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) by the Gwangju District Court No. 50738, Aug. 22, 2002.
B. The Plaintiffs had a claim for D’s damages arising from the mediation finalized in the Gwangju District Court 2014Kadan52699 (U.S.) case, but D did not perform its obligation.
The plaintiffs applied for the commencement of compulsory auction on the real estate of this case for compulsory execution of the above claim, and the decision to commence compulsory auction was made to Gwangju District Court E.
C. As to the real estate listed in the separate sheet on September 8, 2004, the provisional registration of the right to claim the transfer of ownership was completed on September 10, 2004, received on September 10, 2004 by the Gwangju District Court in the name of the defendant, and the provisional registration of the right to claim the transfer of ownership was completed on November 10, 2016 on November 11, 2016.
Due to the completion of the principal registration of the real estate in the name of the defendant, the entry registration following the plaintiffs' application for the decision to commence compulsory auction was cancelled ex officio.
[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, 2, and 3 of Evidence No. 1, 2, and 3, the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The Defendant’s right to completion of the Defendant’s purchase and sale of the instant real estate was already terminated on September 10, 2014 after the lapse of ten years from September 8, 2004, the date of sale reservation, and around September 10, 2014. Therefore, with respect to the instant real estate, the registration of the right to claim the transfer of ownership and the registration of the transfer of ownership under the Defendant’s name should be cancelled as the registration invalidation, and the Plaintiffs seek the cancellation thereof in subrogation of insolvent D. (2) around June 2005, the Defendant agreed to postpone the period of exercise of the right to completion of the purchase and sale reservation, and exercised the right to completion of the reservation on November 10, 2016, within the said period.
Therefore, provisional registration and ownership transfer registration under the name of the defendant with respect to the instant real estate.