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(영문) 춘천지방법원 2016.12.09 2015나4270

소유권일부이전청구권가등기말소회복등기

Text

1. The part against the plaintiff A in the judgment of the first instance shall be revoked.

2. The defendant shall grant the plaintiff A the Gangwon-gun K Forest land 109.

Reasons

1. Reasons for the entry of this court judgment by the court of first instance shall be 3.B. decision by the court of first instance.

The main text of Article 420 of the Civil Procedure Act cited the main text of Article 420 of the Civil Procedure Act, except for cases where the main text of the first instance court's decision (10-15-13-13-8) is followed as follows.

2. Parts of the mix;

(b) Whether the exclusion period of the right to the full reservation for sale is expired;

A. The plaintiffs asserted in this case filed a registration of restitution of cancellation on the ground that each of the provisional registrations in this case was illegally cancelled. However, each of the provisional registrations in this case expired with the ten-year limitation period as a provisional registration based on the purchase and sale promise, which serves as the basis of which the right to conclude the purchase and sale promise has expired. As such, the registration of cancellation of each of the provisional registrations in this case is in accordance with the substantive relation, and the plaintiffs cannot seek a registration of

B. Determination 1) Registration of the relevant legal doctrine is a kind of right to create the effect of a pre-sale agreement and is not a requirement to maintain the existence of a real right, and thus a registration is cancelled without any cause. A registered titleholder who was cancelled even before the completion of the registration for recovery is presumed to be a lawful holder of the right (see Supreme Court Decision 95Da39526, Sept. 30, 1997). A registered titleholder who was cancelled may not file a claim for registration of cancellation if it conforms to the substantive relationship (see Supreme Court Decision 85Da2203, May 26, 1987). A registered titleholder may not file a claim for registration of cancellation if it conforms to the substantive relationship (see Supreme Court Decision 85Da2203, May 26, 1987). A right to create a pre-sale agreement, i.e., the right to complete the pre-sale agreement, if any, within the period of exercise, and if not, within 10 years from the time of the pre-sale agreement.