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(영문) 대구지방법원영덕지원 2020.11.17 2020가단10461
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 18, 1988, the Defendant’s father D completed the registration of ownership transfer with respect to the 985 square meters of land (hereinafter “instant land”) prior to Ulsan-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. On November 8, 198, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration 1”) on the instant land from the network D on the ground of “sale reservation” on November 7, 1988, and cancelled it on July 2, 1990.

C. On July 2, 1990, E completed the provisional registration of the right to claim the transfer of ownership on the ground of “sale reservation on June 28, 1990” (hereinafter “provisional registration No. 2”) from the network D on the instant land, and cancelled it on June 22, 1998.

The network D died on September 17, 1998, and the defendant completed the registration of ownership transfer on April 28, 1999 for the land of this case by agreement and division.

E. 1 On July 14, 2005, the plaintiff applied for provisional disposition of prohibition of disposal of the land of this case with "the right to claim ownership transfer registration based on sale as of May 13, 1998" as the preserved right. The Suwon District Court of Suwon District on August 4, 2005 cited this.

(2) On February 4, 2020, the Defendant filed an application for revocation of the above provisional disposition on the ground that the Plaintiff did not file a lawsuit on the grounds that three years have passed since the execution of the above provisional disposition was completed, and on April 24, 2020, the Suwon District Court rendered a decision to revoke the above provisional disposition (based on recognition) / [the grounds for recognition] / [the fact that there is no dispute, Gap Nos. 1, 2, 4, 5, 6 evidence (numbered numbered numbered numbered numbered numbered numbered numbered numbered, the fact that is significant to this court, and the purport of the entire pleadings as a whole.

2. On November 7, 198, the Plaintiff’s summary of the Plaintiff’s assertion purchased the instant land from the network D and paid it in KRW 3,00,00,00, and completed the first provisional registration. On June 1990, the Plaintiff’s summary of the Plaintiff’s assertion completed the first provisional registration, stating that E wishes to purchase the instant land on or around June 1990, and revoked the first provisional registration under E’s name.

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