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(영문) 인천지방법원 2019.06.26 2018가단246810
가등기말소
Text

1. Of the real estate listed in paragraph 1 of the attached list to Plaintiff A, Defendant E with respect to the share of 3/17 shares, Defendant F, G, H, I, J, K, and K.

Reasons

1. Basic facts

A. M made a provisional registration on September 27, 1985 on each real estate listed in the separate sheet (hereinafter “each land of this case”), and on the real estate listed in paragraph (1) and paragraph (2), on September 20, 1985, on September 27, 1985 (hereinafter “the provisional registration of this case”).

B. On January 16, 1986, 1/3 shares of each land of this case were registered in M, P, and Q respectively in the name of M, P, and Q.

Upon the death of M, the entire share of M 1/3 among each land of this case was caused by the division of inherited property as of February 5, 2007, and the registration of ownership transfer was made to Defendant G on May 7, 2007, and as Q died, the entire share of Q 1/3 among each land of this case was made to R on May 25, 2012 on the ground of the division of inherited property as of May 25, 2012.

C. On January 5, 2017, Plaintiff A completed the registration of ownership transfer on February 14, 2017, on the ground of a sale agreement of KRW 85,140,000 for the portion of R 1/3 among the N land (hereinafter “first sale agreement”).

Plaintiff

B and C, as a co-owner, completed the registration of ownership transfer on February 14, 2017, on the grounds of a sales contract of KRW 146,200,00 for each half of R’s 1/3 shares among the O land (hereinafter “second sales contract”), which was concluded on January 5, 2017 (hereinafter “each of the instant sales contracts”).

E. On February 5, 2007, M, the nominal owner of the instant provisional registration, died, and Defendant E, his wife, succeeded to the statutory inheritance in proportion to the shares of inheritance 3/17, Defendant F, G, H, I, J, and K, each of 2/17 inheritance shares. Following the death of S, Defendant L, his child, was entitled to statutory inheritance in proportion to the shares of inheritance 2/17.

F. The Plaintiff’s Intervenor D’s Intervenor (hereinafter “instant clan”) is a clan that jointly sets up the 22-year-old U.S. descendants and comprised of descendants, and this case’s clan.

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