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(영문) 전주지방법원 2017.06.16 2016나5644
가등기말소
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) shared 1/2 shares of D and E, but on June 30, 2001, G completed the registration of ownership transfer with respect to 1/2 shares of each of the instant real estate on June 10, 202 by winning the bid in the voluntary auction procedure commenced by the Jeonju District Court’s Branch Branch SupportF.

B. Of the instant real estate, the former District Court (Seoul District Court Branch Decision 15458, Jun. 21, 2002; Supreme Court Decision 15458, Jun. 18, 2002, issued a provisional registration of the Defendant’s right to claim a transfer of the entire share (hereinafter “provisional registration of this case”) on the ground of a pre-sale agreement on June 18, 2002.

C. D The heir died on March 28, 2004, and H completed the share transfer registration for the share of 3/10 of each of the instant real estate, and the other heir I completed the share transfer registration for the share of 2/10 of each of the instant real estate due to inheritance.

G filed a lawsuit seeking partition of co-owned property as to each of the instant real estate under the Jeonju District Court 2012Kadan4952, and on June 11, 2013, the judgment became final and conclusive around that time, by selling the instant real estate at auction and distributing the remaining amount after deducting auction expenses from the proceeds thereof to co-owners.

E. According to the above final judgment, the Plaintiff A, among each of the instant real estate, shall be awarded the real estate listed in the separate sheet No. 1, and the Plaintiff B shall be awarded the bid for each of the real estate listed in the separate sheet No. 2, and the registration of ownership transfer on March 20, 2015 shall be completed.

F. Based on the provisional registration of the instant case, the Defendant completed the ownership transfer registration under the name of the Defendant (hereinafter “instant ownership transfer registration”) based on the receipt of No. 10672, Apr. 28, 2015, as the Jeonju District Court Decision 10672, Apr. 8, 2015.

【Ground for recognition” has no dispute, each entry of Gap's 1 through 3 (including virtual numbers) and the purport of the whole pleadings.

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