(영문) 인천지방법원 2015.04.30 2014가합12573

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(영문) 인천지방법원 2015.04.30 2014가합12573

가등기말소등기에 대한 승낙의 의사표시

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1. The defendant on April 8, 1999 as to the plaintiff's share C 1/2 of each real estate stated in the attached list.

Reasons

1. Indication of claim;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), registration of ownership transfer claim provisional registration (hereinafter “provisional registration of this case”) was completed in the name of D and C, each of 1/2 shares was completed in the name of D and C. However, the provisional registration of ownership transfer claim claim was completed in the name of the Defendant with respect to the shares of 1/2 shares in the name of Incheon District Court (No. 32955 of the receipt of the Incheon District Court on April 8, 199 as to the pre-sale as of February 27, 199.

B. On August 30, 199, the Defendant entered into a sales contract with C to purchase KRW 190 million among the instant real property, and completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) with respect to shares of KRW C 1/2 in the future of the Defendant on October 1, 1999.

C. On March 5, 200, the Plaintiff entered into a sales contract with the Defendant to purchase the Defendant’s 1/2 shares in the instant real estate in KRW 195 million. On April 10, 2000, the Plaintiff completed the registration of ownership transfer with respect to the Defendant’s 1/2 shares in the instant real estate.

After the Defendant completed the provisional registration of this case, the provisional registration of this case was extinguished due to confusion by completing the registration of ownership transfer in the name of the Defendant, separate from the provisional registration of this case from the provisional registration of this case from C, the former owner of this case

Therefore, after the provisional registration of this case was completed, the Defendant is obligated to implement the procedure for cancelling the provisional registration of this case to the Plaintiff, who is an interested party on the registration that completed the registration of transfer of ownership with respect to shares of the Defendant

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

참조조문

-민사소송법 제208조 제3항 제3호

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