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(영문) 울산지방법원 2013.10.18 2013가단11552

가등기에 의한 본등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 25, 2001, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for the registration of ownership transfer of the instant land on the ground that the Plaintiff entered into an agreement with the Defendant on May 1, 1998 on the part of this court 2001Da18680, the Defendant’s transfer of 1/2 of the 658 square meters in Yangsan-si Co., Ltd. to the Plaintiff (hereinafter “instant land”).

B. On January 16, 2002, conciliation was concluded between the Plaintiff and the Defendant with the purport that “the Defendant shall complete the implementation of the procedure for the provisional registration of the right to claim ownership transfer as to the instant land by March 16, 2002 on the ground of the transfer agreement on May 1, 1998, on the ground of the transfer agreement.” The said lawsuit was concluded.

C. Accordingly, as to the instant land on July 5, 2002, the Yangsan District Court received the Yangsan District Court’s receipt of 31806, May 1, 1998, the provisional registration of the Plaintiff’s right to claim the transfer of ownership under the name of the Plaintiff was made (hereinafter “the provisional registration of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2-3, the purport of the whole pleadings

2. Determination

A. On the basis of the provisional registration of this case, the Plaintiff sought implementation of the procedure for ownership transfer registration based on the transfer agreement on May 1, 1998 with respect to the land of this case on the basis of the provisional registration of this case, while the Defendant claims for ownership transfer registration based on the provisional registration of this case, as a claim for claim for ownership transfer registration of this case, ten years after the lapse of ten years from January 16, 2002, which is the time when the conciliation of this case was completed, and the Plaintiff’s claim for ownership transfer registration of this case

B. According to the above facts, the Plaintiff could, at the latest, request the Defendant to implement the procedure for principal registration of transfer of ownership on the basis of the provisional registration of this case from July 5, 2002, on which the provisional registration of this case was completed with respect to the land of this case. However, the instant lawsuit must be filed on April 18, 2013, which was ten years thereafter.