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(영문) 부산지방법원 2018.07.17 2018가단303048

소유권이전청구권가등기말소

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1. The defendant is the Busan District Court No. 3247, Jun. 7, 198 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On June 3, 198, the Defendant entered into a pre-sale agreement with C on the real estate listed in the separate sheet (hereinafter “instant real estate”) which was owned by C, and completed the provisional registration of the right to claim ownership transfer on June 7, 198 (hereinafter “provisional registration of this case”).

B. On January 27, 2016, the Plaintiff entered into a sales contract with C on the instant real estate and completed the registration of ownership transfer on February 16, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The right which would have the effect of a trade by declaring the intention of completion of the trade reservation in the unilateral promise for sale and purchase; that is, the right to conclude the trade reservation is a kind of right to form the trade reservation and, if not, within such period of exercise; if not, within 10 years from the time when the reservation is made; and if such period of exercise expires, the right to conclude the reservation shall expire upon the lapse of the exclusion period;

(2) The provisional registration of this case has become extinct by the limitation period even after the lapse of more than 10 years from June 3, 1988, on which the reservation was made, and as such, the provisional registration of this case should be cancelled.

The Defendant alleged that the Defendant’s claim for cancellation of the provisional registration of this case is unjustifiable, since the Defendant paid the purchase price in full to C, the former owner of the instant real estate, and purchased the instant real estate. However, the Defendant’s claim for cancellation of the provisional registration of this case cannot be asserted solely on

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.