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1. The Defendants shall pay to the Plaintiff each share indicated in the separate sheet (2) out of each real estate listed in the separate sheet (1).
Reasons
1. Facts of recognition;
A. On April 3, 2003, the deceased G completed the registration of the establishment of a mortgage (hereinafter “mortgage of this case”) with respect to each real estate listed in the [Attachment List No. 1] owned by the deceased on April 3, 2003 (hereinafter “each real estate of this case”) with respect to the right to claim the transfer of ownership on the ground of the pre-sale on April 3, 2003, under Article 30796, which was received by the registration office of Namyang District Court of the Republic of Korea (hereinafter “the provisional registration of this case”), and under Article 30797 of the receipt of the same registration office, the debtor I, the mortgagee net G, the maximum debt amount of KRW 140,00,000.
B. The deceased H died on March 27, 2005, and the Plaintiff is one of the co-inheritorss with the deceased H’s children.
C. The deceased G died on January 3, 2012, and Defendant B’s wife, and the remainder Defendants are the children of the deceased G, and the inheritance shares are as shown in the separate sheet (2).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination on the claim for cancellation of provisional registration of this case
(a) a right which would have the effect of a trade by declaring the intention of completion of the trade reservation in the unilateral reservation for trade, that is, the right to conclude the trade reservation is a kind of right to form and exercise the exercise period between the parties, if any, within such period, and within 10 years from the time when the reservation is made, if there is no such an agreement, and the right to complete the reservation shall expire upon the expiration of such period;
B. (See, e.g., Supreme Court Decision 94Da22682, Jan. 10, 1995).
There is no assertion that there was a separate agreement on the exercise period of the right to complete the reservation and the right to complete the reservation regarding the instant case, and the fact that the G had completed the provisional registration of this case on April 3, 2003 with respect to each of the instant real estate on or around April 3, 2003 by the G around April 3, 2003 is as seen earlier. Therefore, the right to complete the reservation was extinguished by the lapse of the exclusion period of 10 years from the time of the establishment of the reservation.