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(영문) 인천지방법원부천지원 2017.11.03 2016가단24996
소유권이전청구권 가등기말소등기 이행
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. The following facts may be acknowledged either as a dispute between the parties, or as a whole in light of Gap evidence No. 1, Gap evidence No. 2, and the purport of all pleadings.

The plaintiff received a decision of performance recommendation from March 3, 2009 to March 20, 2009, "D and E jointly and severally with the plaintiff 61,457,800 won and 20,000 won among them, from March 3, 2009 to the delivery date of a copy of the complaint, and from 20% per annum from the next day to the day of complete payment" as to D on March 20, 209. The above decision was finalized as to D on April 17, 2009.

(hereinafter referred to as the “instant claim”). B.

F. On July 30, 1997, F completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of this case”) on July 28, 1997, with respect to real estate listed in D’s attachment No. 16840 by the Incheon District Court Branch Branch of the Incheon District Court (hereinafter referred to as “D’s attachment”).

C. The F (hereinafter “the deceased”) died on April 16, 2016, and the Defendants were the successors, and the share of inheritance by the Defendant is 3/7, Defendant B, and C respectively.

2. The assertion and judgment

A. The plaintiff asserted that the deceased's right to complete the purchase and sale reservation against D has expired over the limitation period, and D is insolvent, and therefore, the plaintiff asserted that D is seeking the cancellation of the provisional registration of this case in accordance with his share of inheritance by subrogation of D with D as the preserved claim, and against the defendants, the deceased's heir, the deceased's heir, the deceased's heir. Accordingly, the defendants asserted that the provisional registration of this case was made in order to guarantee D's claim by subrogated for a prior D's loan to the plaintiff, and by additionally lending D's money to D around July 1997, the provisional registration of this case was made in order to secure its claim, and thereafter D was approved on December 26, 2003 and December 24, 2010, and the extinctive prescription period has not yet expired. Thus, the plaintiff's claim cannot be accepted.

B. Determination 1 of this case’s provisional registration is characterized.

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