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(영문) 전주지방법원정읍지원 2016.06.21 2015가단10491
가등기말소
Text

1. As to each real estate listed in the separate sheet No. 1, the defendant shall set forth the plaintiff A in the separate sheet No. 2.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) shared 1/2 shares of D and E. However, on June 30, 2001, there was a decision to voluntarily commence the auction on E’s shares, and accordingly, G was awarded a successful bid and completed each registration of transfer in the name of G with respect to 1/2 shares of each of the instant real estate on June 10, 202 at the auction procedure conducted with the Jeonju District Court’s Branch Branch Support Fund.

B. On June 18, 2002, each of the instant real estates was registered as the provisional registration of the Defendant’s right to claim the entire share transfer (hereinafter “the instant provisional registration”) with respect to D’s share transfer on the ground of the pre-sale agreement on June 18, 2002.

C. D A. As the inheritor died on March 28, 2004, H completed the registration of share transfer with respect to 3/10 shares of each of the instant real estate, and the heir I completed the registration of share transfer with respect to 2/10 shares of each of the instant real estate due to inheritance.

G, one of the co-owners of each real estate of this case, filed a lawsuit for partition of co-owned property as to each of the real estate of this case under [201Gada4952], and the above court rendered a judgment on June 11, 2013 that the real estate of this case was sold at auction and the remaining amount after deducting auction expenses from the price was distributed to co-owners in share ratio.

The above judgment became final and conclusive around that time.

E. According to the above final judgment, the Plaintiff A, among the instant real estate, was awarded a successful bid for each of the real estate listed in the separate sheet No. 1, and the Plaintiff B, respectively, completed the registration of ownership transfer on March 20, 2015.

F. On April 8, 2015, the Defendant registered the transfer of ownership in the name of the Plaintiff as the receipt of No. 10672 on April 28, 2015 on the part of 1/2 shares owned by D, among each of the instant real estate, due to sale and purchase on April 8, 2015.

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