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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 25, 1989, the Plaintiff entered into a sales contract to sell each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to KRW 12,100,000,000 (hereinafter “the instant sales contract”). On March 15, 1989, on each of the instant lands, the establishment registration (hereinafter “the instant establishment registration”) and the provisional registration (hereinafter “the instant provisional registration”) were completed on March 15, 1989 with respect to each of the instant lands as indicated in the net C’s claim.
B. On March 28, 2012, the deceased C’s death and inheritance network C succeeded to the deceased C, the deceased’s spouse’s Appointor D, F, E’s spouse’s children, Defendant B, Selection G, H, I, J, K, K, L, M and N’s children, P and N’s spouse, P, and Q (N died on October 9, 1996).
C. On April 28, 2014, the Plaintiff filed a lawsuit seeking the registration of ownership transfer based on the provisional registration of this case against the Defendant and the designated parties (the Government District Court 2014Gadan17305 (the principal lawsuit)) by asserting that the secured debt of the establishment registration of the instant neighboring land and the right to be preserved for the provisional registration of this case did not exist, or that the extinctive prescription has expired, the right to claim the registration of ownership transfer of each of the instant land, which is the right to be preserved for the provisional registration of this case. Accordingly, the Defendant and the designated parties filed a lawsuit seeking the registration of ownership transfer based on the provisional registration of this case against the Plaintiff on October 2, 2014 (the Government District Court 2014Gadan40312 (Counterclaim)) on December 17, 2015, ordering the Plaintiff to cancel the provisional registration registration of this case as to shares in the inheritance shares in the instant case.
3.