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(영문) 수원지방법원여주지원 2016.06.29 2015가단6793
가등기의 본등기절차이행 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Before the division, the provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on November 27, 2001 with respect to the portion of the net H’s share (1/2) of the G forest land of 12,793 square meters (hereinafter “the land before the division of this case”).

B. On March 18, 2005, the said G forest was divided into 10,810 square meters of I forest in the said G forest.

C. The network H died on February 21, 2010, and the Defendant C, D, E, and F, who is the spouse’s spouse’s and children, jointly inherited.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiff asserts that the defendants are entitled to the provisional registration of this case, and the procedures for the registration of transfer of ownership based on the pre-contract for the completion of sale as of the date of delivery of a copy of the complaint of this case as to each of the lands listed in the separate sheet (hereinafter "each of the lands of this case"). The defendants asserted that the right to claim the registration of transfer of ownership based on the provisional registration of this case is a claim with a claim of ten years, and the extinctive prescription of ten years from November 29, 2001, which is the date of completion of the pre-contract, cannot be complied with

3. In full view of the facts without dispute as to the judgment and the purport of the entire pleadings, the Plaintiff’s right to claim for ownership transfer registration based on the provisional registration of this case expired after the lapse of the ten-year extinctive prescription period, since the Plaintiff’s right to claim for ownership transfer registration expired due to the lapse of the ten-year extinctive prescription period, this part of the Defendants’ assertion has merit.

On this basis, the plaintiff made a promise to sell and purchase with the net H.

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