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(영문) 청주지방법원충주지원 2019.04.04 2018가단1424
가등기말소
Text

1. The Defendant (Counterclaim Plaintiff) has jurisdiction over the Cheongju District Court regarding the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

Facts of recognition

Attached Form

The instant real estate indicated in the list (hereinafter “instant real estate”) was 3,511 square meters prior to C, Chungcheongnam-si, and was divided into three lots on January 23, 2018, as indicated in the attached list.

The transfer registration was completed on July 12, 1991 with the purport that D shares 6/8, E, and F shares 1/8 shares, respectively, due to the “Succession to Property of April 5, 1980.” The Defendant completed the registration of transfer registration of ownership on the instant real estate as Cheongju District Court No. 20432, July 12, 1991 (hereinafter “the instant provisional registration”). G, H, I, and J succeeded to D shares among the instant real estate on May 10, 1994, and accordingly completed the registration of transfer of ownership on the ground that G, H, I, and J owned shares on June 28, 1996, G, H, H, H, 12/72 shares, and each of the instant real estate on July 12, 1991.

On July 24, 2001, L Co., Ltd. received a compulsory decision to commence compulsory sale of the instant real estate on the same day, and registered on the same day. The Plaintiff was awarded a successful bid on April 7, 2005, and completed the registration of ownership transfer on April 22, 2005.

[Ground of recognition] The plaintiff, on April 7, 2005, acquired the ownership of the real estate of this case by winning a compulsory auction procedure, around April 7, 2005, after having no dispute, written evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply) and the purport of the entire pleadings.

However, since the Defendant did not exercise its right for more than ten years from the time of completion of the provisional registration of this case, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

At the time of the sale, the owners of the instant real estate (D, E, and F) sold the instant real estate to the Defendant and subsequently sold the instant real estate in collusion with K.

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