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(영문) 서울중앙지방법원 2015.09.01 2014가단5324129
가등기말소
Text

1. In regard to the real estate set forth in Nos. 1 and 2 of the Schedule of Attached Real Estate to the Plaintiff A, the Supreme Court shall be the previous District Court.

Reasons

(a) Defendant C, D, E, F, G, I, J, K, L;

A. Facts 1) The Defendants are the successors of the deceased M (Defendant C, H, I, J, K, and L are 9/63, respectively, and the inheritance shares of Defendant D are 3/63, and the inheritance shares of Defendant E, F, and G are 2/63, respectively.

(2) On April 19, 1979, M entered into a pre-sale agreement with Non-Party N on each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and completed the provisional registration of ownership transfer claim (hereinafter referred to as “provisional registration of this case”) on April 20, 1979 by the Daejeon District Court, Jin-si Registry of the Daejeon District Court, No. 4534, April 20, 1979.

3) After the death of N around August 4, 1980, the registration of inheritance in the name of Non-party O, P, and Q was completed on November 15, 1980 by the above registry office No. 26406, Nov. 15, 1980. 4) M completed the registration of transfer of ownership on the instant real estate as the receipt of No. 26408, Nov. 15, 1980. However, the registration form is not the principal registration based on the provisional registration of this case, but the new priority was granted.

5) Between the provisional registration of this case and the transfer registration of ownership in the name of M, there was no registration of any other interested parties other than the inheritance registration by the above N's successors. 6) M entered into a sales contract on or around March 18, 198 with Non-Party R and S concerning the real estate of this case. On March 24, 1988, the said registry office completed the transfer registration of ownership in the name of R and S (No. 1/2) with No. 10806 on March 24, 198.

7) With respect to the real estate Nos. 1 and 2 among the instant real estate, the Plaintiff B entered into a sales contract with R, S, and with respect to the real estate Nos. 3 and 4 among the instant real estate. On January 13, 1990, the above registration office received Nos. 681 (Plaintiff A) and 682 (Plaintiff B) on January 13, 1990, respectively, the entire share transfer registration of all co-owners was completed. 【No dispute over the grounds for recognition, A-1 through 1-4, and the purport of the entire pleadings.

B. According to the facts of the above recognition, the provisional registration of this case is made.

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