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(영문) 서울고등법원 2017.07.13 2016나2082806

가등기말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

C was co-owners (the share ratio of 685/21939) of Gangwon-gun D Forest land 21,939 square meters (hereinafter “instant land before the instant partition”). As to his share on the said land, the Defendant completed the provisional registration of the right to claim a transfer of all shares (hereinafter “the instant provisional registration”) on August 10, 200 with the receipt of No. 8830 on August 16, 2000 as to his share on the said land, under the receipt of No. 8830 on August 16, 200.

The land before the instant partition was divided into 13 parcels, including each land listed in the separate sheet (hereinafter “each land in this case”) on November 9, 2015, pursuant to the 2014Kadan10842 Decided September 23, 2015 (hereinafter “the instant judgment on partition of co-owned property”). The Plaintiff, a co-owner of the land before the instant partition (the share ratio 5484/21939) owned all shares of each land listed in the separate sheet Nos. 1, 2, and 3 according to the said judgment. The Plaintiff purchased each land from E, the owner of each land listed in the separate sheet Nos. 4 and 5 as of December 28, 2015, and completed the registration of ownership transfer.

【In the absence of dispute, the Plaintiff’s right to complete the purchase and sale reservation of each of the lands of this case shall be exercised within the exclusion period of 10 years as the right to complete the purchase and sale reservation of the Plaintiff’s assertion as to the purport of the entire pleadings, and the Plaintiff’s right to complete the purchase and sale reservation of each of the lands of this case shall be exercised within the exclusion period of 10 years. Since 10 years have elapsed from August 10, 2000, which was the date of trade reservation, which was the date of the provisional registration of this case, the right to complete the purchase and sale reservation of each of the lands of this case has expired after the expiration of the exclusion period

Even if the provisional registration of this case is not based on the pre-sale agreement, but provisional registration for the purpose of security, the Defendant’s claim against C, which is the secured claim, has already expired.

The defendant's assertion that the defendant is the husband of C and C (hereinafter referred to as "C, etc.") shall be the money.