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(영문) 수원지방법원 2016.08.24 2015가단39254
소유권이전청구권가등기의말소
Text

1. The Defendants are the Suwon District Court registry office with respect to the Plaintiff’s shares of 1/3 of the real estate listed in the separate sheet.

Reasons

1. The fact that the fact of recognition has no dispute, "A1 through A3, A4-1, 2, A5-1 through 3, A6-1, 2, A7-1 through 3, A8 through A10, and the purport of the whole pleadings;

A. On March 21, 1979, E made a promise to sell and purchase the real estate listed in the F and the annexed sheet (hereinafter “instant real estate”) and completed the registration of the claim for transfer of ownership in the name of E as No. 14200 of receipt on March 27, 1979.

B. On February 4, 1982, E completed the registration of ownership transfer for the instant real estate on May 6, 1994 by inheritance.

C. G completed the registration of ownership transfer on August 21, 1998 due to sale on June 12, 1998, and the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff on April 27, 1999.

E Deceased on June 29, 1998, and his/her spouse H, Defendant B, C, D, and I as his/her heir.

H A deceased on April 13, 2010, and E A died on August 13, 2005.

On the other hand, there are J, K, L as the heir of I, and they renounced the inheritance of property.

(Seoul Family Court (Seoul Family Court Decision 2005Ra7990). According to the above facts, 10 years have passed since the right to complete the purchase and sale reservation of E was established without exercising the right to complete the purchase and sale reservation of E, and the Defendants are obligated for the Plaintiff to implement the procedure of cancellation registration on the provisional registration that was completed on March 27, 1979 with respect to shares of 1/3 of the instant real estate by the Suwon District Court Seosung registry Office for receipt of No. 14200 on March 27, 1979.

3. The plaintiff's claim is justified.

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