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(영문) 부산지방법원 2016.12.08 2016가합44281
가등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. F is a party’s relationship 1) F is a 7th degree of G, and F’s children were Defendant C, D, and E as his children between Defendant B and the wife, and F was dead on April 15, 2009, and H on October 17, 2013, respectively. 2) I and J were deceased as his children on December 26, 2006, and I and J succeeded to G’s property at the 1/2 ratio, respectively, and the Plaintiff was the son of G, and the son died on December 14, 2015 and succeeded to I’s property independently.

B. The ownership relationship of each real estate, etc. listed in the separate sheet No. 1 list 93,124 square meters of 93,124 square meters of K forest land in Geumcheon-gu Busan (hereinafter “instant K forest shares”) is 93,124/96,09 shares of K forest land in Busan.

each of the real estates listed in the separate sheet and the separate sheet No. 1 (hereinafter referred to as “each of the instant real estates”).

() Although the registration of ownership transfer was completed in G’s name, F obtained land transaction permission from the head of Geumcheon-gu Busan Metropolitan Government on July 30, 199 with respect to the shares in K forest and land in this case and each real estate in this case on July 30, 199. On the same day on July 31, 1999, the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of this case”).

2) After completion of the contract, F filed a lawsuit against G on January 30, 200 on the ground of the completion of the contract to sell and purchase shares in K forest and each real estate of this case (hereinafter “the instant contract”) and seeking the implementation of the procedure for principal registration of transfer of ownership based on the said provisional registration (this Court Decision 2000Gahap11952) on the ground of the completion of the contract to sell and purchase shares in K and each real estate of this case (hereinafter “the instant contract to sell and purchase”), and the purchase price of KRW 500,000,000 out of the purchase price of KRW 701,000 (which appears to be a clerical error in the amount of KRW 710,000,000) decided to take over the secured debt of the right to collateral security established on the real estate to sell and purchase, and the remainder of the purchase price of KRW 201,00,000,000 for the settlement of loans against G as of January 30, 2000.

A protocol of recognition and recognition of the instant case (hereinafter “Protocol of recognition and recognition of the instant case”).

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