beta
(영문) 서울동부지방법원 2016.03.03 2015가단41771

소유권이전청구권가등기말소

Text

1. The defendant shall register the Seoul East-gu Seoul Metropolitan Government District Court and July 11, 198 with respect to the land size of 245 square meters to the plaintiff.

Reasons

On July 11, 1988, the plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter "provisional registration of this case") as stated in Paragraph (1) of this case on the ground of the pre-sale agreement (hereinafter "the pre-sale agreement of this case") with regard to the real estate as stated in Paragraph (1) of this case (hereinafter "the real estate of this case") to the defendant on July 11, 1988. On September 5, 1988, the plaintiff again completed the registration of transfer of ownership on the ground of sale as stated in the provisional registration of this case, not the principal registration based on the provisional registration of this case, but the provisional registration of this case to the defendant on September 1, 198, separately from the provisional registration of this case. The real estate of this case is currently owned by the plaintiff as of February 15, 1989, and the defendant did not exercise the right to purchase and sell each time after selling the real estate of this case to the plaintiff on November 26, 2001.

In this case, it is reasonable to view that the right of completion of the instant trade reservation has expired due to the lapse of the exclusion period, in view of the following circumstances: (a) the right of completion of the trade reservation, namely, the right to the conclusion of the trade reservation, as a kind of right to the conclusion of the trade reservation, where the parties have agreed to the exercise period; (b) the right to the completion of the trade reservation, if not, within 10 years from the time when the reservation was made; and (c) the right to the completion of the contract is extinguished upon the lapse of the exclusion period; and (d) the right to the completion of the contract cannot be seen as having been agreed upon between D and the Defendant.

Thus, the defendant is obligated to execute the procedure for cancellation registration of the provisional registration of this case to the plaintiff. Thus, the plaintiff's claim of this case seeking this procedure is justified.