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(영문) 수원지방법원여주지원 2015.02.05 2013가단2605
가등기의 본등기절차이행청구
Text

1. The plaintiff A and C's claims are dismissed, respectively.

2. The Plaintiff B’s instant lawsuit is deemed to have been withdrawn on October 23, 2014.

Reasons

1. Basic facts

A. On August 7, 2002, the Defendant completed the registration of ownership transfer as to the real estate stated in the separate sheet No. 23250, received on August 8, 2002.

B. On August 7, 2002, E completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) under the receipt No. 23251 of August 8, 2002, received on August 8, 2002 from the Suwon District Court as to the real estate stated in the attached list.

C. Following the death of June 14, 2008 by E, Plaintiff A, the wife of E, and Plaintiff B and Plaintiff C jointly inherited the E’s property at the ratio of 3/7 shares, and 2/7 shares, respectively.

The Defendant’s Intervenor, on behalf of the Defendant, filed a claim against the Plaintiffs for the implementation of the procedure for cancellation registration of the provisional registration of this case as Suwon District Court Branch Branch Branch Decision 201Ga14885, which, on August 22, 2013, the said court rendered a judgment on August 2, 2013 that “for the Defendant, the Plaintiff A shall implement the procedure for cancellation registration of the provisional registration of this case on the portion of 3/7 of the real estate listed in the separate sheet, and for the portion of 2/7 of the real estate listed in the separate sheet, among the real estate listed in the separate sheet, on the ground that the period for limitation of the right to conclude the purchase and sale

[Ground of recognition] Facts without dispute, Gap evidence 1-12, 2-1 through 3, 3, and 4, and the purport of the whole pleadings

2. The provisional registration of this case was completed on August 8, 2002 on the real estate stated in the separate sheet by Plaintiff A and Plaintiff C on August 7, 2002 on the ground of trade reservation on August 7, 2002, and the fact that Plaintiff A jointly succeeded to the property E at the ratio of 3/7 shares, Plaintiff B, and Plaintiff C’s share of 2/7 shares as of June 14, 2008. However, in this case where there are no circumstances to deem that the above parties agreed otherwise with regard to the above trade reservation, the right to complete the trade reservation was established on August 7, 2002, which is the date of the establishment of the above trade reservation.

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