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(영문) 서울남부지방법원 2019.12.10 2019가단240753
가등기말소
Text

1. The defendant shall register with the Seoul Southern District Court on the real estate stated in the attached list to the plaintiff's succeeding intervenors.

Reasons

1. Determination on the plaintiff's successor's claim

A. The claim for ownership transfer registration that the provisional registration of this case sought to be preserved was ten years of extinctive prescription, and the right to make a reservation based on the provisional registration of this case was extinguished by the lapse of the exclusion period.

Therefore, provisional registration of this case should be cancelled.

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The Plaintiff’s claim is without merit, since the Plaintiff sold the instant real estate to the Intervenor succeeding to the Plaintiff during the proceeding of the instant lawsuit and completed the registration of ownership transfer.

3. In conclusion, the plaintiff succeeding intervenor's claim of this case is justified, and the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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