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(영문) 서울북부지방법원 2019.02.13 2017가단115207
가등기말소
Text

1. The Defendants shall register the Seoul Northern District Court's Dongdaemun-gu with respect to each real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 17, 2016, the Plaintiff is the owner who completed the registration of ownership transfer with respect to H apartment I (hereinafter “instant apartment”) on two lots outside Seongbuk-gu Seoul, Seongbuk-gu.

B. The provisional registration of the name of J and Defendant F (hereinafter “each provisional registration of this case”) was completed on June 19, 2013 as to the 30.08/8/8420 shares of the real estate listed in the separate sheet (each land listed in paragraphs (1) of the attached Table No. 2 and (3) of the attached Table No. 2 and paragraph (3) of the same Article, which is the land subject to the right to the site of the apartment of this case, among the real estate listed in the separate sheet No. 1 of the attached Table No. 1 of the attached Table; hereinafter “each land of this case”).

C. The J died on February 19, 2004, and there is Defendant C, D, and E, who is the successor.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, since the right to complete the purchase and sale reservation of each of the lands of this case has expired by the lapse of the exclusion period of ten years, the Defendants are obligated to cancel each of the provisional registrations of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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