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(영문) 대전지방법원 천안지원 2018.01.10 2017가단108956
소유권이전등기
Text

1. The plaintiffs' lawsuits against defendant E are dismissed.

2. Defendant D is the share of 328/628 square meters, among 300 square meters in Seo-gu, Seoan-gu, Seoan City.

Reasons

1. Determination as to the claim against Defendant D

A. On February 15, 1994, H’s indication 1 of the claim is as follows: (a) on February 15, 1994, G in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “Before subdivision”).

(2) On January 5, 2000, G was completed on January 3, 200 as to the 328/628 shares of G out of the pre-division land on the convenience of February 18, 1994. (2) G completed the registration of ownership transfer on the ground of donation on January 3, 2000 with respect to the 328/628 shares of G out of the pre-division land.

3) On or around March 2004, the specific part of the land before subdivision, which H purchased by H, among the land before subdivision, is F 300 square meters (hereinafter “instant land”).

4) On January 27, 2016, H was dead on the part of 1st 328 square meters, and Plaintiff B and C, the spouse of which was the Plaintiff A and C.

5) The Plaintiffs terminate the mutual title trust between the Plaintiffs and Defendant D by the delivery of a duplicate of the instant complaint. Of the instant land owned by the Plaintiffs, the Plaintiffs seek for the registration of ownership transfer according to their respective shares in inheritance among the instant land owned by the Plaintiffs. B. Decision by deeming that they were made confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. On the ground that no lawsuit was filed against Defendant E for the lapse of 10 years after the execution of the provisional attachment order on August 23, 1999, the Daejeon District Court Branch of Daejeon District Court 9Kadan8650 dated August 23, 199 regarding the shares of Defendant D among the instant land, the Plaintiffs seeking revocation of the provisional attachment order on behalf of Defendant D, the provisional attachment obligee, in lieu of Defendant D.

However, in principle, entry and cancellation of provisional seizure registration shall be completed by the entrustment of the executing court. Thus, if the cause for registration has ceased after the registration of provisional seizure as alleged by the plaintiffs, the plaintiffs shall file an application for cancellation of provisional seizure with the executing court on the ground of such change in circumstances or file an application for cancellation of provisional seizure, and obtain a decision of cancellation of provisional seizure and obtain

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