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(영문) 전주지방법원군산지원 2014.11.18 2013가단10425
가등기말소등기
Text

1. The Defendant (Appointed Party) and the designated parties shall set forth in the separate sheet among the real estate listed in the separate sheet to Nonparty C and B.

Reasons

1. Presumed facts

A. D and E completed the registration of ownership transfer on May 30, 1997 with respect to 1/2 shares among each real estate listed in the separate sheet (hereinafter “instant land”) on June 10, 1997.

B. C, upon the death of father E, completed each registration of transfer of ownership on September 24, 2002 and August 22, 2003 with respect to 1/2 shares out of the land of this case on May 25, 2002.

C. On August 22, 2003, F completed the provisional registration of the right to claim the transfer of ownership on the ground of the pre-sale promise (hereinafter “the provisional registration of this case”) by the Jeonju District Court No. 41292, the receipt of the Dasan District Court’s Dasan Registry, August 7, 2003.

B Upon the death of father D, on December 7, 2006, the registration of ownership transfer was completed on September 28, 2006 with respect to 1/2 of the land in this case on September 28, 2006.

E. The F died on November 10, 2006, and F’s inheritors are Defendant (Appointed Party) and Appointeds (hereinafter “Defendants, etc.”). The share of inheritance is 3/13 of the Selections G, Defendant (Appointed Party) and the rest of the Selections are 2/13, respectively.

F. The Seoul Central District Court ruled that "C shall pay 22,536,244 won and 11,148,712 won, which are calculated at the rate of 20% per annum from December 14, 2008 to the day of full payment, to 22,645,845 won and 9,825,383 won among them, and 22,825,383 won, which are calculated at the rate of 20% per annum from June 27, 2009 to the day of full payment."

G. The Plaintiff acquired the claim for each of the above judgments from the social community of the Eastyang Korea, and was granted by the Seoul Central District Court an execution clause to succeed to each of the above judgments.

H. C’s active property is 1/2.0 of the instant land.

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