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(영문) 부산지방법원 2017.07.20 2017가단1567
가등기말소
Text

1. The defendant is the Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's 25/560 shares.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the whole purport of the pleadings.

D On August 14, 1980, to E, on August 14, 1980, with respect to the share of 25/560 square meters in Seo-gu 185 square meters in Busan, Seo-gu, Busan District Court (hereinafter “instant share”), the registration of the right to claim transfer of ownership was completed on August 12, 1980, with respect to the share of 25/560 square meters (hereinafter “instant provisional registration”).

B. Thereafter, on May 10, 2016, F completed the registration of ownership transfer based on inheritance by consultation and division with respect to the instant land shares. On June 7, 2016, F completed the registration of ownership transfer based on sale to the Plaintiff.

C. On September 21, 2016, E died on September 21, 2016, and his/her heir had the Defendant, G, H, and I, who is his/her child. G, H, and I filed a request for a trial on renunciation of inheritance with the Busan Family Court 2016 D, H, and I, which received a report on the renunciation of inheritance from the above court on February 7, 2017. The Defendant filed a request for a trial on the refusal of inheritance with the same court 2016-Ma4039, which received the Defendant’s report on the acceptance of the qualified acceptance from the above court on February 8, 2017.

2. The assertion and judgment

(a) Determination as to the cause of the claim (1) Any right which shall have the effect of a trade by declaring the other party to the contract for trade in one-way reservation, that is, the right to complete the trade reservation, if any, is a sort of right to form a contract between the parties, within such period, and if no such agreement exists, within 10 years from the time the reservation is made; and the right to complete the reservation shall expire upon the lapse of such period, upon the lapse of the exclusion period;

(2) According to the above facts of recognition (see Supreme Court Decision 2000Da26425, Jan. 10, 2003). (2), D entered into a pre-sale agreement with E on August 12, 1980, and made a pre-sale agreement on the instant land share, and on August 14, 1980.

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