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(영문) 수원지방법원 2018.11.08 2018가단531607
가등기말소
Text

1. The Defendants shall pay to the Plaintiff the Suwon District Court for each share of 2/13 of the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On May 3, 2004, the Plaintiff acquired ownership of the real estate stated in the disposition (hereinafter “instant real estate”).

B. On May 17, 2004, the Plaintiff entered into a trade reservation on the instant real estate (hereinafter “instant trade reservation”) with G, who was his spouse G, and on the same day, completed the provisional registration of the right to claim ownership transfer registration (hereinafter “instant provisional registration”).

C. G died on July 27, 2017 (hereinafter “the deceased”), and the Plaintiff and the Defendants, the spouse, jointly inherited the deceased’s property.

[Based on the recognition] Defendant B: Defendant C, E, and F under Article 208(3)3 (Service by Public Notice) of the Civil Procedure Act: Each entry into Defendant D under Article 208(3)2 (i.e., deemed as having been made) of the Civil Procedure Act: The purport of the whole pleadings and arguments as set forth in subparagraphs 1 through 3 of Article 208

2. The instant reservation was concluded on May 17, 2004, and the fact that the deceased did not exercise the right to complete the purchase and sale reservation even after the lapse of ten years from that date is as seen earlier, the right to complete the purchase and sale reservation based on the instant reservation was extinguished by the ten-year exclusion period.

Therefore, the provisional registration of this case is null and void because it lacks the cause. As such, the Defendants, a property heir of the deceased, are obligated to implement the procedure for cancellation registration of provisional registration of this case with respect to each share of 2/13, which is one of their respective statutory shares of inheritance

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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