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(영문) 제주지방법원 2017.04.14 2016가단13139

가등기말소

Text

1. The defendant shall make the plaintiff on April 11, 1986 with respect to the land size of 482 square meters in Seopo-si, Seopo-si, Seopo-si, Jeju District Court.

Reasons

1. Indication of claim;

A. On October 28, 2015, the Plaintiff purchased a forest of 482 square meters in Seogpo-si, Seopo-si (hereinafter “instant real estate”) from D and completed the registration of ownership transfer on the same day.

B. On April 11, 1986, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the ground of trade reservation on March 24, 1986 with respect to the instant real estate by the Jeju District Court Seopopo District Court No. 7789.

On the other hand, on August 27, 1986, the defendant completed the registration of transfer of ownership on the real estate of this case as the receipt of Seopopopo District Court No. 17407 by reason of sale.

C. Since the Defendant had completed a separate registration of transfer of ownership, the provisional registration of this case was extinguished due to confusion, or was not exercised the right to complete the trade reservation with the lapse of 10 years from March 24, 1986, which was the pre-sale date of the provisional registration of this case, the right to complete the sale was extinguished due to the lapse of the exclusion period.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);