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(영문) 창원지방법원 2020.11.24 2020가단3195
가등기말소
Text

1. The Plaintiff shall receive on March 13, 1984 the registration of the Changwon District Court on the 2321.9 square meters of the window of Changwon-si, Changwon-si, and the registration of the Changwon District Court.

Reasons

The “instant provisional registration” is referred to as “the instant provisional registration on February 27, 1984, with respect to the “sale reservation on February 27, 1984 (hereinafter “instant promise”) as the grounds for registration with regard to the “sale reservation on February 27, 1984,” which is the Plaintiff’s property, as Changwon District Court’s registration and the “provisional registration on the right to claim ownership transfer” as the receipt of No. 7626, Mar. 13, 1984.

Upon completion of a contract, the deceased on November 25, 2014 and succeeded to shares in Defendant B, H, I, and the networkJ as their 7/28 shares, respectively. The deceased on January 21, 2020 and succeeded to shares in Defendant C, his/her spouse, 3/7 shares, and the fact that he/she succeeded to shares in Defendant D, his/her child, and E, 2/7 shares may be acknowledged as having no dispute between the parties or as a whole by considering the purport of the oral argument. The right to complete a pre-contract is a kind of right to create a pre-contract with the intent of the completion of the sale and purchase, namely, the right to complete the sale and purchase, within 10 years from the date of conclusion of the pre-contracted agreement, and within 20 years from the date of completion of the pre-contracted agreement if not, within 20 days from the date of completion of the pre-contracted agreement (see, e.g., Supreme Court Decision 2008Da472979, Apr. 20, 2019).

As such, the Defendants, the heir of the deceased G, are obligated to implement the cancellation registration procedure for each inheritance share among the provisional registration of this case with respect to the real estate of this case to the Plaintiff, barring any special circumstance.

Thus, the plaintiff's claim of this case is reasonable.

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