가등기에 기한 소유권이전등기청구
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On January 30, 2009, No. 1808 received on January 30, 2009 on each of the real estates listed in the separate sheet owned by the network H (hereinafter “each of the instant real estates”), the Plaintiff completed the registration of the right to claim the transfer of ownership on the ground of trade reservation on January 30, 2009 (hereinafter “the instant provisional registration”). B. The deceased on January 16, 2020, and his heir died on January 16, 2020. The Plaintiff, the wife, Defendant C, D, E, and A’s children, the wife, Defendant F and G.
[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including each number, if any; hereinafter the same shall apply), Gap evidence No. 11, and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion agreed to purchase each of the instant real estate from the deceased H and to pay the price in installments by means of living expenses, repayment of loans, etc. Accordingly, the Plaintiff paid KRW 155,207,921 to the deceased H.
The Plaintiff, upon the service of the complaint of this case, expressed to the Defendants the intent to conclude a pre-sale agreement with respect to each of the instant real estate.
Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the provisional registration of this case with respect to each of the instant real estates H’s share in inheritance based on each of the instant real estates to the Plaintiff.
B. The right to make the other party to the transaction effective by expressing his/her intention of the completion of the contract for sale and purchase, that is, the right to conclude the contract for sale and purchase, if the parties have agreed to exercise the period of exercise as a kind of right to form the contract, within that period, and within 10 years from the time of establishment of the contract if there is no agreement, and the right to conclude the contract shall be extinguished upon the lapse of the exclusion period, and whether the exclusion period of the right to complete the sale and purchase has expired or not is expressed by the parties to the contract ex officio.