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(영문) 창원지방법원거창지원 2017.05.23 2016가단11436
가등기말소
Text

1. The Defendants shall enter each real estate listed in the separate sheet No. 1 on the Plaintiff in the separate sheet No. 2.

Reasons

1. Indication of claim;

A. On October 25, 1978, N made a provisional registration on October 24, 1978 with respect to each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) on which the provisional registration was made on the ground of a pre-sale agreement on October 24, 1978.

(hereinafter “Provisional Registration of this case”). (b)

N was killed on April 11, 1982, and at the time of death, the wife and children, who were the bereaved family members, were the Defendant B (a married female on August 5, 1968), C, Defendant C, Defendant D (a married female on June 25, 197), Defendant E, Defendant F, Defendant G, Defendant G, Defendant K, Defendant L, Defendant L, and Defendant M. The P died on July 8, 2013, and theO died on December 11, 2015.

C. Therefore, N’s wife and Australia’s heir’s statutory inheritance portion is 6/42, 6/42, 1/42, 1/42, 3/42, 4/42, 4/42, 200 each share of inheritance of Defendant C, F, Defendant G, P, Defendant K, Defendant L, and Defendant M, which are children, respectively. Since then P dies on July 8, 2013, 12/294, 12/294, 12/294, 2/294, 3/294, 3/294, 3/294, 3/294, 3/200.

After that, as theO died on December 11, 2015, 6/42 of theO’s share of inheritance was inherited by Defendant F, Defendant G, P, Defendant K, Defendant L, Defendant M, and Defendant M, each of which was one-fourths of their children. Among them, P died first thanO, Defendant H succeeds 18/1764, Defendant I, their children, and Defendant J succeeds 12/1764, respectively, and the result is as shown in the inheritance share of attached Table 2.

C. The provisional registration of this case in the name of the Defendants was the provisional registration of the right to claim ownership transfer registration based on the purchase reservation, and the exclusion period of ten years from the date of the purchase reservation was expired, and the right to complete the sale reservation was extinguished, and the principal registration right of the Defendants was also extinguished.

Therefore, the above provisional registration of the Defendants became a registration of invalidation for which the right to complete the sale reservation, which is the cause of the lapse of the exclusion period, has expired, and thus, it became a principal lawsuit to seek the procedure for the cancellation registration.

2. Applicable provisions;

(a) Defendant E.

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