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(영문) 의정부지방법원 2020.08.12 2020가단104330

가등기말소

Text

Of the real estate listed in the attached list, Defendant B, as to the share of 3/9, Defendant C, and Defendant D, respectively, 2/9.

Reasons

Basic Facts

Plaintiff

On March 26, 2007, the Government Registry of the District Court of Jung-gu District on March 26, 2007, No. 35972, which was received on March 26, 2007, and on March 23, 2007, E's right to claim transfer of ownership (hereinafter "the provisional registration of this case") was registered on the ground of trade reservation.

E died on June 29, 2019, and the Plaintiff, Defendant C, and Defendant D, the spouse of E, jointly inherited the property of E.

[Reasons for Recognition] Defendant B and D: Each entry in Gap evidence Nos. 1 through 2 (including a branch number), and the purport of the whole pleadings as to the defendant C: The indication of the claim against the defendant C as to the confession: It is as shown in the grounds for the claim in the attached Form.

The judgment deeming confessions: The plaintiff asserts that the provisional registration of this case between the plaintiff and E was made a false declaration of conspiracy without any legal grounds, while the above assertion is without merit, since there is no evidence to acknowledge it.

The right to the exclusion period of the right to the completion of a trade reservation and the right to the conclusion of a trade reservation by the other party to the trade in allegation, that is, the right to the conclusion of a trade reservation, if the other party to the trade agrees as a kind of right to the conclusion of the trade reservation, within such period, if the other party to the trade has agreed on such right, and within 10 years from the time the reservation is made, and the right to the completion of the trade is extinguished upon the lapse of such period.

(See Supreme Court Decision 200Da26425 Decided January 10, 2003, etc.). The provisional registration of this case was completed on the ground of the pre-sale agreement as of March 23, 2007 by E was as seen earlier. Thus, unless there is any evidence to deem E to have exercised the right to complete the pre-sale agreement, the right to complete the sale and purchase was extinguished by the lapse of the exclusion period from the pre-sale agreement around March 23, 2017, when 10 years have passed since the date of the pre-sale agreement.