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(영문) 광주지방법원 2015.04.14 2013가단49508
가등기말소
Text

1. The Defendants, on March 11, 1958, shall be liable to the Plaintiff for a 311m2 in relation to the Magsung-gun G, Jeonsung-gun, Gwangju District Court’s Magsung registry office.

Reasons

1. Facts of recognition;

A. On October 16, 1947 with respect to the land listed in paragraph (1) of this case (hereinafter “instant land”), each transfer of ownership was completed in the name of Nonparty H, I, and J three persons (each share 1/3) on October 16, 1947, and the transfer of ownership was completed in the name of Nonparty K on August 24, 1979, and thereafter the transfer of ownership was completed in the name of the Plaintiff on October 12, 2005.

B. Meanwhile, on March 11, 1958, on the instant land, the provisional registration of the right to claim ownership transfer as stated in Paragraph (1) of the Disposition L was completed in the name of the right holder L on the ground of “the promise to trade on the same day” (hereinafter “the provisional registration of the right to claim ownership transfer”).

C. On June 5, 1979, L died after having left Nonparty M, Nonparty N (resident) who is his wife,O, Defendant E and F (ir unmarried) as his wife, and died on May 30, 1985 after having left N,O, Defendant E and F (ir unmarried) as his wife, and N died on March 11, 1993 after having left Defendant C and D, his wife’s wife and children.

In addition, on March 3, 2001, O died after having left Defendant E and F, who is the inheritor, and Defendant B, C and D died before the network N, and inherited the network N’s share in inheritance on behalf of the deceased.

[Identification Evidence] Defendant B, C, and E: Defendant D, F: Each entry of the evidence of Nos. 1 to 18, and the purport of the whole pleadings under Article 150 of the Civil Procedure Act

2. Determination

(a) a right which would become effective as the other party to a trade by expressing his/her intention of completion of the trade reservation, i.e., the right to conclude the trade reservation, if any, shall be a kind of right to form and exercise within such period, if any, or within 10 years from the time when the reservation is made, if no, and upon the expiration of such period, the right to complete the trade reservation shall be extinguished by the lapse of the exclusion period;

On the other hand, the exclusion period is the legal relationship as soon as possible by allowing the right holder to exercise the right promptly.

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