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(영문) 서울남부지방법원 2017.07.21 2016가단34889
소유권이전청구권가등기말소
Text

1. The Defendants received on January 4, 1983 from the Seoul Southern District Court with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. G completed the provisional registration of the right to claim ownership transfer on January 4, 1983 with respect to 28.46/837 of the I’s shares in the name of Geumcheon-gu Seoul Metropolitan Government HW, H, 1649m2 (hereinafter “instant real estate”).

B. G died on July 24, 2006, and even around that time, G did not exercise the right to claim the transfer registration of ownership of the instant real estate.

C. After G’s death, J, his spouse, also died on May 2, 2015, and the Defendants inherited G’s property one-fifth each.

On May 29, 2015, the Plaintiff completed the registration of ownership transfer on the instant real estate on April 9, 2015.

【Ground for Recognition: Each entry in Gap evidence 1 through 9 (including paper numbers), and the purport of the whole pleadings】

2. Unless there are circumstances suggesting that G has exercised the right to complete the pre-sale agreement within a 10-year period with respect to the pre-sale agreement entered into on January 4, 1983, the right to complete the pre-sale agreement was set aside in the period of exclusion on January 3, 1993, when the 10-year period of exercise elapsed.

As such, since the provisional registration of this case was registered as invalid without any cause, the Defendants, the inheritor of G, are obligated to implement the procedure for cancellation registration of provisional registration to the Plaintiff, the owner of the real estate of this case.

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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