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(영문) 수원지방법원성남지원 2020.10.15 2019가단13673
가등기의 말소등기절차이행청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The registration of ownership preservation was completed in the Plaintiff’s name in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, May 26, 1995 with respect to the land of this case (hereinafter “instant land”) of 1,034 square meters prior to Gwangju City.

B. The provisional registration of the right to claim transfer of ownership was completed in the name of the defendant C on June 7, 1995 by the Suwon District Court, Sung-nam Branch of Seoul District Court, 22503, which was received on June 9, 1995, and the provisional registration of the right to claim transfer of ownership was completed in the name of the defendant C.

B. On July 13, 2006, at the 111-year period, the additional registration based on the provisional registration on the transfer of part of the right to claim ownership transfer, which was based on the transfer on June 7, 1995, was completed to Defendant C with respect to 1/2 of the instant land.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) The Plaintiff’s assertion that the Plaintiff left the Defendant C with the certificate of a seal imprint and a certificate of a seal imprint upon requesting the Defendant C to dispose of the instant land, and Defendant C voluntarily completed the provisional registration, and the said provisional registration should be cancelled as a registration invalid.

If the above provisional registration is a provisional registration based on a trade reservation, ten years have passed after the exclusion period, and the right to complete the sale reservation has expired, and even if the provisional registration is a security registration, the provisional registration should be cancelled because the claim has expired due to the expiration of the extinctive prescription of the

(2) The Plaintiff’s assertion by the Defendants is that Defendant C bears the construction cost to improve the instant land into farmland, and acquired ownership by completing registration of ownership preservation in accordance with the Act on Special Measures for the Development of Ownership with Defendant D’s assistance, which is the main part of this Chapter, and accordingly, the Plaintiff completed the additional registration of provisional registration and partial transfer of provisional registration in order to secure this.

B. (1) Determination is made. The registration of real estate as to the Plaintiff’s assertion of invalidation of the cause is, barring special circumstances.

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