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(영문) 청주지방법원충주지원 2019.03.27 2018가단4829

가등기말소

Text

1. The defendant on February 15, 2008, as to each of the lands listed in the separate sheet to the plaintiff by the Cheongju District Court.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1, 3, 4, and 6, the defendant (D Co., Ltd.) may recognize the completion of the provisional registration of the right to claim ownership transfer (Article 5046, received by the Cheongju District Court Registry, No. 5046, hereinafter "provisional registration of this case") on February 13, 2008 as to each of the real estate listed in the separate sheet owned by the plaintiff (hereinafter "each of the real estate of this case") on February 15, 2008. The right to complete the purchase and sale of real estate is a kind of right to form and exercise within 10 years from the date of establishment of the provisional registration, unless there is such an agreement, and since the right to complete the purchase and sale of real estate becomes extinct due to the lapse of the exclusion period (see, e.g., Supreme Court Decisions 91Da4671, Jul. 28, 1992; 2000Da163601, etc.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.

(2) The plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices on the bench. (3) The plaintiff's claim of this case is justified. (4) The plaintiff's claim of this case can be accepted.