매매예약일로부터 10년이 경과하여 매매예약완결권이 소멸되고 그 효력을 상실함[국승]
The right to full completion of the purchase and sale shall expire after the date of the reservation for sale, and shall lose its effect;
The right to the completion of the reservation for sale is terminated and invalidated after the lapse of 10 years from the date of the reservation for sale. Therefore, the right to request transfer of ownership should implement the procedure of cancellation registration.
Seoul Central District Court 2015Kadan5081849 Provisional Registration Cancellation
Korea
IsaA
October 19, 2015
November 11, 2015
1. The defendant will implement the procedure for the cancellation of the registration of the right to claim ownership transfer, which was completed by the receipt No. 21978 of July 15, 2005, with respect to the real estate listed in the attached list to the non-party halfA.
2. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claims: It shall be as shown in attached Form; and
2. Applicable legal provisions: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
Cheongwon of the Gu
1. The amount of delinquent taxes that the Plaintiff seized on the real estate listed in the attached list, which is the property owned by Nonparty A (Yibu District Court No. 11500, Apr. 2, 2007) shall be as follows:
2. In the unilateral promise for sale, the right which would make the other party of the pre-sale effective by expressing his/her intention of completion of the pre-sale; that is, the right to conclude the pre-sale is a kind of right to form and exercise within a certain period if the parties have agreed on the exercise period; and if there is no such an agreement, within 10 years after the establishment of the pre-sale; and when the period expires, the right to conclude the pre-sale shall expire after the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003).
A. On June 1, 2004, Nonparty A entered into a pre-sale agreement with Defendant A with regard to the real estate listed in the separate sheet, and completed the provisional registration of the right to claim ownership transfer on July 15, 2005, which was based on the above pre-sale agreement.
B. The right to make the said reservation has expired after the lapse of the period of exclusion on June 1, 2014, which was ten years from June 1, 2004, the date of the said reservation.
C. Therefore, the defendant's Government District Court's jurisdiction over the real estate stated in the separate sheet is required to cancel the registration of the preservation of the defendant's right to claim transfer of ownership by the trade reservation No. 21978 of the receipt on July 15, 2005.
3. The plaintiff, as a tax claim of the non-party Anti-A, filed the instant lawsuit in order to seek a judgment, such as the written claim in subrogation of the non-party Anti-A.