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(영문) 대전지방법원천안지원 2020.02.12 2019가단110748

가등기말소

Text

1. As to the real estate stated in the attached list to B, the defendant shall have the ASEAN Branch of the Daejeon District Court on October 2008.

Reasons

1. Basic facts

A. B is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 7, 2008, B entered into a pre-contract with the Defendant to sell and purchase the instant real estate, and on October 10, 2008, B completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) to the Defendant under Article 65443 of the ASEAN District Court’s receipt of the ASEAN Branch Branch Office for the support of the instant real estate.

C. The Plaintiff has the same taxation rights as specified in the table below against B.

The tax amount notified as the date of notification of attribution of the relevant tax item shall be the amount of delinquent local taxes, which is the date of November 7, 2014; < Amended by Act No. 184, Nov. 30, 2014; Act No. 1184, Nov. 30, 2014; Act No. 10171, Nov. 7, 2014; Act No. 10218, Nov. 30, 2014; Act No. 1017, Nov. 30, 2014; Act No. 10184, Nov. 30, 2014; Act No. 10352, Oct. 35, 2010; Act No. 12848, Nov. 36, 2015; Act No. 12737, Nov. 4, 2015>

2. Determination on the cause of the claim

(a) a right which would become effective as a result of a trade by declaring the intention of completion of the trade reservation in the unilateral promise, that is, the right to conclude the trade reservation is a kind of right to form and exercise the exercise period between the parties, if any, within such period, and within 10 years from the time when the reservation is made, if there is no such an agreement, and the right to complete the trade is extinguished upon the lapse of such period;

(see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). The Defendant’s right to complete the purchase and sale reservation based on the purchase and sale reservation made between B and the Defendant on October 7, 2008 was extinguished by the lapse of the exclusion period on October 8, 2018, when the reservation was made.

Since the defendant's right to conclude the purchase and sale is extinguished, B is based on the purchase and sale reservation made on October 7, 2008 against the defendant.